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Sanctions and Incentives
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• 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.
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The purpose of drug court is to keep participants engaged in
treatment
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What Does Basic Behavioral
Research Tell Us About Punishment?
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Punishment is not the Goal in the Imposing Sanctions; Changing Behavior is.
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Drug court responses to participant behavior
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Sanctions
Incentives
Treatment Responses
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Sanctions
The imposition of negative consequences in response to
undesirable behaviors
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Sanctions Are in the Eye of the Participant
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Undesirable Behavior
Must be reliably detected
Reports on client progress in treatment must
be regularly given to the Judge by Treatment
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Sanctions Must Be Predictable
Program PhasesClient Handbooks
Contracts
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Sanctions Must Be Consistent
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Sanctions Should be Immediate
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Smart Sanctions
The imposition of the minimal amount of punishment necessary to achieve program compliance.
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Graduated Sanctions
The intensity of sanctions increases with the number and seriousness of
program non-compliance.
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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
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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.
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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.
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Drug Courts Make Final Failure and Expulsion From the Program Difficult for the Participant to Achieve.
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Incentives
“A positive consequence that is the direct result of and is a reward for the offender’s
positive behavior.”
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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).
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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
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Treatment Responses
The intensification of supervision,drug testing, and/or treatment requirements
Ultimately culminating in residential treatment
Reduction in services