Contents

• Introduction
• What are Drug Courts?
• Expansion and Evolution of Drug Courts
• Federal Drug Courts
• Federal Drug Courts and the 21^st Century Cures Act
• Veterans Treatment Courts
• Federal Support for Drug Courts
• Adult Treatment Court Grant Program
• Grants for Veterans Treatment Courts
• Other DOJ Grants
• Grants in Other Federal Agencies
• Impact of Drug Courts
• Selected Issues for Congress
• Support for Drug Courts and Drug Court Research
• Drug Court Inclusion of Violent Offenders

Summary

Over the last several decades, the United States has shifted its formal drug policy from a punishment-focused model toward a more comprehensive approach that focuses on prevention, treatment, and enforcement. The proliferation of drug courts in the American criminal justice system is a response to this more comprehensive approach. These specialized court programs are designed to divert certain defendants and offenders away from traditional criminal justice sanctions such as incarceration while reducing overall costs and helping these individuals with substance use or misuse issues.

Drug courts present an alternative to the traditional court process for some criminal defendants and offenders—namely those who are considered nonviolent and are known to misuse drugs and/or alcohol. While there are additional specialized goals for certain types of drug courts, the overall goals of adult and juvenile drug courts are typically to reduce recidivism and substance misuse among nonviolent offenders. Drug court programs may exist at various points in the justice system, but they are most often employed postarrest as an alternative to traditional criminal justice processing.

The federal government demonstrates support for the drug court model primarily through financial support of drug court programs, federal drug courts, research, and various drug court initiatives. For example, each year, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS), Substance Abuse and Mental Health Administration (SAMHSA) distribute grants to states and localities to support the creation and enhancement of drug courts. In FY2026, federal funding for drug court grants was approximately $196 million.

Policymakers may debate whether drug courts are an effective tool for addressing substance misuse among the justice-involved population. Policy options include, but are not limited to, adjusting federal funding for drug courts and research on these programs. Further, Congress may consider whether to maintain the exclusion of violent offenders from most drug court programs, or, alternatively, broaden the pool of eligible offenders that may participate in DOJ-funded drug court programs to include some violent offenders. Congress made an exception to this exclusion for veteran treatment court programs.

Introduction

Over the last several decades, the United States has shifted its formal drug policy from a punishment-focused model toward a more comprehensive approach that focuses on prevention, treatment, and enforcement. In issuing the first National Drug Control Strategy (hereinafter, "Strategy"), the George H.W. Bush Administration recognized prevention and treatment efforts, and also emphasized drug enforcement:

In short, legalizing drugs would be an unqualified national disaster. In fact, any significant relaxation of drug enforcement—for whatever reason, however well-intentioned—would promise more use, more crime, and more trouble for desperately needed treatment and education efforts.¹

The Bush Administration's Strategy stated that effective street-level enforcement meant "dramatically increasing the number of drug offenders arrested."² The year the Strategy was released (1989) was also the year the first drug court was created in Florida, and these alternative justice programs have since expanded across the country. The most recent Strategy, issued by the Trump Administration in 2026, describes a comprehensive, "whole-of-government" approach to the nation's drug issues and devotes equal focus to public safety and public health objectives.³ This comprehensive model is similar to those issued by the past several Administrations as the country has confronted major drug issues, including an opioid epidemic.

The proliferation of drug courts in American criminal justice is a response to growing support for a comprehensive approach. Broadly, these specialized court programs are designed to divert some individuals away from traditional criminal justice sanctions such as incarceration. Many drug courts offer a treatment and social service alternative for those who otherwise may have faced traditional criminal sanctions for their offenses. In some drug courts, individuals that have been arrested are diverted from local courts into special judge-involved programs; these courts are often viewed as "second chance" courts. Other drug court programs offer reentry assistance after an offender has served his or her sentence. Published research suggests that these courts may help save on overall criminal justice costs, provide treatment for defendants/offenders with substance disorders, and help offenders avoid rearrest.⁴

This report explains (1) the concept of a "drug court," (2) how the term and programs have expanded to include wider meanings and serve additional subgroups, (3) how the federal government supports drug courts, and (4) research on the impact of drug courts on offenders and court systems. In addition, it briefly discusses how Congress might refine the federal government's approach to supporting drug courts and whether they provide an effective avenue for addressing existing and emerging drug issues.

What are Drug Courts?

The term drug courts refers to specialized court programs that present an alternative to the traditional court process for certain criminal defendants⁵ and offenders.⁶ Traditionally, these individuals are first-time, nonviolent offenders who are known to misuse drugs and/or alcohol. While there are additional specialized goals for different types of drug courts (e.g., veterans drug courts, tribal drug courts, and family drug courts), the overall goals of adult and juvenile drug courts are to reduce recidivism and substance misuse.⁷

Drug court programs may exist at various points in the justice system, but they are often employed postarrest as an alternative to traditional criminal justice processing. Figure 1 illustrates a deferred prosecution, pretrial drug court model where defendants are diverted into drug court prior to pleading to a criminal charge. In many drug court programs, participants have the option to participate in the program.

Figure 1. Deferred-Prosecution Drug Court Model

Source: CRS illustration of pretrial, deferred-prosecution drug court model. Notes: The defendant does not have to enter a plea to charges under this drug court model. For an example of a pretrial model involving a deferred prosecution drug court program, see the 2025 Florida Statutes, Title 48, Section 948.08 and Title 29, Section 397.334. Of note, counties in Florida also offer post-adjudication options.

Figure 2 illustrates a postadjudication model where defendants must plead guilty to charges (as part of a plea deal) in order to participate in the drug court program. Upon completion of this type of program, their sentences may be amended or waived, and in some jurisdictions, their offenses may be expunged.

Figure 2. Postadjudication Drug Court Model

Source: CRS illustration of postadjudication drug court model. Notes: For an example of a postadjudication model involving a guilty plea by the offender, see the Ada County (ID) Drug Court Program, https://adacounty.id.gov/judicial-court/district-court/drug-courts/.

These diagrams illustrate two common models of drug courts, but other models (or variations on the above) have been developed around the country. For example, some drug court referrals may come as a condition of probation. Many drug courts, including some federal drug court programs, are actually reentry programs that assist recently released prisoners with substance misuse disorders with reentering the community while receiving treatment.

While drug courts vary in their operations and target population, they generally have a comprehensive model involving

• offender screening and assessment of risks and needs,
• judicial interaction,
• monitoring (e.g., drug and alcohol testing) and community supervision,
• graduated sanctions and incentives, and
• treatment and rehabilitation services.⁸

Drug courts are usually managed by a multidisciplinary team of individuals including judges, prosecutors, defense attorneys, community corrections officers, social workers, and substance treatment professionals.⁹

Drug courts typically utilize a multiphase approach including stabilization phases, treatment, and transition phases. Stabilization phases may include a period of crisis intervention, initial treatment assessment and planning, and additional screening for other needs such as housing. Treatment typically involves counseling and other therapy, and may involve prosocial and life skills learning. The transition phases and recovery management may emphasize a variety of reintegration components including social integration (e.g., peer support groups), employment, education, and housing.¹⁰

Expansion and Evolution of Drug Courts

A group of criminal justice professionals established the first drug court in Florida in 1989; they are credited with sparking a national movement of problem-solving courts that address specific needs and concerns of certain types of offenders.¹¹ There are nearly 4,000 drug courts (of various types) operating in the United States.¹² Drug courts have evolved over time and some focus on specialized groups including veterans, juveniles, and college students. Many other drug courts are hybrid courts and address issues beyond drug misuse including mental health and alcohol-impaired driving. In some ways, the term drug courts appears to be used as a catch-all phrase for specialized programs for defendants and offenders with substance use disorders (as well as co-occurring mental health disorders) at various points in the criminal justice process.

Federal Drug Courts

While the Judicial Conference of the United States has long opposed the creation of specialized federal courts,¹³ there has been growing support within the federal court system and the U.S. Department of Justice (DOJ) for reentry programs that incorporate some features of drug courts.¹⁴ While some federal district courts have created special programs for drug-involved offenders that are sometimes referred to as "drug courts," they are largely reentry programs that manage an inmate's reintegration to the community. A few federal drug court programs, however, provide offenders with "front end" diversion programs.¹⁵ There have been questions about the effectiveness of drug court programs at the federal level due to the nature of federal crimes and the individuals who are arrested for allegedly committing them.¹⁶

Federal district courts fund these specialized programs from decentralized allotments¹⁷ given to the districts for general treatment and supervision of offenders.¹⁸ As federal district courts have budget autonomy, they may elect to establish these specialized court programs.¹⁹

Of note, in 2017 the President's Commission on Combating Drug Addiction and the Opioid Crisis recommended that DOJ establish a federal drug court in every federal judicial district.²⁰ As described above, it is up to judges and the courts to decide whether to create and operate a drug court program. Neither the Administrative Office of the United States Courts nor DOJ has published an official count of the number of federal drug court programs.

Federal Drug Courts and the 21^st Century Cures Act

Enacted in 2016, Section 14003 of the 21^st Century Cures Act (the Cures Act; P.L. 114-255) required DOJ to establish a pilot program to establish and assess the effectiveness of federal drug and mental health courts. Within one year of enactment, DOJ, with assistance from the Administrative Office of the United States Courts and the United States Probation Offices, was required to establish a pilot program in at least one U.S. judicial district²¹ that will divert certain offenders with mental illness or intellectual disabilities from federal prosecution, probation, or prison and place the offenders in these specialized courts.²²

Veterans Treatment Courts

Postdeployment, many veterans face unique challenges in readjusting to civilian life,²³ and these challenges may contribute to involvement with the criminal justice system. According to the Bureau of Justice Statistics' (BJS') 2016 Survey of Prison Inmates, approximately 7.9% (107,400) of the total imprisoned population in the United States²⁴ are veterans.²⁵ For approximately 10.6% (11,131) of incarcerated male veterans, the controlling offense²⁶ that led to their imprisonment was a drug offense, and for approximately 2.4% (2,550), their most serious offense was driving while intoxicated or impaired.²⁷ Older BJS survey data indicate that 43% of veteran state prisoners and 46% of veteran federal prisoners had met the criteria for drug dependence or abuse in 2004, as opposed to 55% of nonveteran state prisoners and 45% of nonveteran federal prisoners.²⁸ While veterans in state prisons reported lower levels of past drug use than nonveterans, a larger percentage of veterans (30%) than nonveterans (24%) reported a "recent history of mental health services."²⁹

In 2008, the first veterans court was created in Buffalo, NY, in response to the combined mental health and substance misuse treatment needs of justice system-involved veterans.³⁰ These court programs are a hybrid model of drug treatment and mental health treatment courts, and since FY2013 have had a federal grant program focused on their establishment and development.³¹ As of May 2025, there were approximately 582 veterans treatment courts. Most of these programs are locally operated court programs, but there are several federal veterans court programs as well.³²

Federal Support for Drug Courts

DOJ, SAMHSA, and the Office on National Drug Control Policy (ONDCP) support the drug court model primarily through financial support of drug court programs, research on drug courts, and various drug court initiatives. As discussed, some federal district courts also elect to run federal drug court programs.

Adult Treatment Court Grant Program

The primary federal grant program that supports drug courts is the Adult Treatment Court Grant Program (formerly called the Drug Court Discretionary Grant Program),³³ a competitive grant program administered by DOJ's Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA). State, local, and tribal governments, as well as state and local courts themselves, are eligible for these grants to establish and enhance drug courts for nonviolent offenders with substance misuse issues.³⁴ See Table 1 for a five-year history of DOJ appropriations for DOJ drug court grants³⁵ and Veterans Treatment Court Grant Programs.

Most drug courts funded through the Drug Court Program may not use federal funding and matched funding to serve violent offenders. Offenders may be characterized as "violent" according to current or past convictions as well as current charges.³⁶ Of note, an exception to the violent offender restriction is made for veterans treatment courts that are funded through the Adult Treatment Court Grant Program.

Grants for Veterans Treatment Courts

BJA administers the Veterans Treatment Court Program³⁷ using funds specifically appropriated for this purpose (see amounts in Table 1). As mentioned, these amounts are not subject to the violent offender exclusion.³⁸ The purpose of the Veterans Treatment Court Program is "to reduce the use of opioids, stimulants, and other substances, including alcohol, by high-risk/high-need veterans involved in the criminal justice system."³⁹ Grants are awarded to state, local, and tribal governments to fund the establishment and development of veterans treatment courts. While the Veterans Treatment Court Program had already been part of OJP's Adult Treatment Court Grant Program for several years, the Comprehensive Addiction and Recovery Act of 2016 (CARA; P.L. 114-198) specifically authorized DOJ to award grants to state, local, and tribal governments to establish or expand programs for qualified veterans,⁴⁰ including veterans treatment courts, peer-to-peer services, and treatment, rehabilitation, legal, or transitional services for incarcerated veterans. FY2026 funding for veterans treatment courts also included $4 million for a "national center for veterans justice."⁴¹

Based on a review of program activity at the Department of Veterans Affairs (VA), VA does not offer funding for veterans treatment courts; however, VA operates a Veterans Justice Outreach (VJO) program,⁴² which provides outreach and linkage to VA services for justice system-involved veterans, including those involved with veterans courts or drug courts.

Other DOJ Grants

Other DOJ grants are specifically designed, or may be used, for drug court purposes as well. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) administers both the Family Treatment Court Program and Juvenile Treatment Court Program. According to BJA, family treatment courts "serve parents who require treatment for a substance use disorder and who are involved with the child welfare system because of child abuse, neglect, or other parenting issues."⁴³ Juvenile drug treatment courts are specifically meant for youth involved in the juvenile justice system who have substance use disorders or have co-occurring substance use and mental health disorders.⁴⁴ Like the Adult Treatment Court Grant Program, grantees of these programs may not use funds to serve violent offenders.

The Edward Byrne Memorial Justice Assistance Grants (JAG)⁴⁵ and Juvenile Accountability Block Grants (JABG),⁴⁶ may be used to fund drug courts. One of the broader purpose areas of the JAG program is to improve prosecution and courts programs as well as drug treatment programs. The JABG program includes a designated purpose area to establish juvenile drug courts. Of note, the last time JABG received an appropriation was in FY2013.

Grants in Other Federal Agencies

The federal government supports drug court programs via other departments and agencies as well. For example, SAMHSA administers grants that support drug courts.⁴⁷ As of 2026, the purpose of these grants is to expand substance use disorder treatment and recovery support services in existing drug courts.⁴⁸ ONDCP, under its Other Federal Drug Control Programs account, offers drug court training and technical assistance grants, as well as support for other initiatives.⁴⁹

Impact of Drug Courts

Jurisdictions utilize drug courts to treat individuals' substance use disorders, lower recidivism rates for drug-involved offenders, and lower costs associated with processing these defendants and offenders. Since the inception of drug courts, a great deal of research has been done to evaluate their effectiveness and their impact on offenders, the criminal justice system, and the community. Much of the research yields positive outcomes.⁵⁰

The National Institute of Justice, through its CrimeSolutions.gov evaluation program, has reviewed published research on 13 drug court programs and found that 9 of them were "promising" while 4 were "effective."⁵¹ Positive outcomes included lower recidivism and lower costs, but programs had different measures of success according to the specialized nature of the program and the intended outcome.⁵² For example, one family drug court program evaluation reported that parent participants were more likely to have their children returned, more likely to experience a permanency-planning outcome, and less likely to have their parental rights terminated, among other positive outcomes.⁵³ One group of researchers examined the impact of a drug court over 10 years and concluded that treatment and other costs associated with the drug court (investment costs)⁵⁴ were $1,392 less per defendant or offender than investment costs of traditional criminal justice processing. In addition, savings due to reduced recidivism (outcome costs) for drug court participants were more than $79 million over the 10-year period.⁵⁵ A collaboration of researchers conducted a five-year longitudinal study of 23 drug courts from around the United States and found that drug court participants were significantly less likely than nonparticipants to relapse into drug use and participants committed fewer criminal acts than nonparticipants after completing the drug court program.⁵⁶ States have also evaluated their drug court programs. For example, in a 2022 report, Maryland stated that adult treatment court programs saved more than $21.4 million for the state over two years and reduced the number of rearrests for program participants.⁵⁷

Still, some are skeptical of the impact of drug courts. Among other critiques of the drug court model,⁵⁸ the Drug Policy Alliance (DPA)⁵⁹ has argued that drug courts help only offenders who are expected to do well and do not truly reduce costs. The DPA also has criticized drug courts for punishing those with more intractable substance misuse problems because drug courts dismiss those who are not able to abstain from substance use.⁶⁰

Selected Issues for Congress

Support for Drug Courts and Drug Court Research

Even though most of the early research on drug courts suggests they are a promising approach for defendants and offenders with drug problems, criticisms of the model persist and policymakers may debate whether drug courts are an effective tool in the package of federal efforts to address drug misuse and addiction among the justice-involved population. Policy options include, but are not limited to, adjusting federal funding for drug courts and research on these programs, expanding or contracting federal drug court programs, and amending DOJ drug court programs to possibly include a broader group of offenders, among other potential changes.

Drug Court Inclusion of Violent Offenders

As discussed, recipients of DOJ drug court grants, with the exception of veterans treatment court grants, must exclude violent offenders;⁶¹ however, some argue that drug courts should be an available alternative for violent offenders. In a recent study, a group of researchers reviewed a series of studies on drug courts and examined the differences in recidivism between justice-involved individuals enrolled in drug treatment courts with and without violent offending histories. Their findings indicate that violent offenders may benefit from drug court participation. At the same time, researchers acknowledge that more robust studies that examine longitudinal differences in recidivism outcomes among programs with differing eligibility criteria and include factors beyond recidivism rates (such as impact on local crime rates), especially those programs that have expanded their eligibility criteria, are needed. Researchers in this study acknowledge that "resources, funding, and safety concerns are factors commonly used to rationalize the exclusion of violent offenders from drug court programs."⁶²

Substance misuse and crime have long been linked,⁶³ and diversion and treatment may assist some individuals in avoiding criminal behavior. Congress may maintain the exclusion of violent offenders from DOJ drug court grants, or it may consider broadening the pool of eligible offenders that may participate in these programs to include certain violent offenders.

CRS Graphics Specialist Amber Wilhelm contributed to the graphics used in this report.

Footnotes