Since establishment of the state’s first Drug Court in 1996, more than 2,000 people throughout Hawaii have graduated from the intensive court-based treatment program. Equally important, but far more difficult to count, are the lives of the children, spouses, siblings and grandparents, who have been helped after suffering through significant emotional turmoil while trying to deal with the problems of substance disorder in their family. Add to that our community members who have been spared the trauma and difficulties that come to victims of crimes committed by substance-addicted individuals.
In addition to rehabilitating individuals and reuniting families, Hawaii’s drug courts have helped reduce overcrowding in our prisons and eased the social costs that often follow incarceration, including a reduced quality of life for the children and extended family members of addicts, lost earnings while the offender is incarcerated, lost future earnings of the releasee, lost taxes to the state on those lost earnings, up-front criminal justice system costs, as well as other costs such as parole and foster care for children of prisoners.
After more than 20 years of drug court programs here and on the mainland, some still believe substance abuse is an excuse criminals use to avoid the consequences of their actions — but the fact is that crimes stemming from alcoholism and drug abuse are far more common than people realize. Beyond specific drug offenses (e.g. possession), many property crimes, such as burglaries, thefts, criminal property damage, as well as domestic violence and murder have roots in addiction.
The threat of a mandatory prison sentence, which was expected to curtail addiction-related crimes, has not yielded the desired benefits. The 1990s showed that we cannot incarcerate our way out of these problems, if for no other reason than addiction to drugs or alcohol can be more powerful than any law we pass. While incarceration removes an addicted criminal from society for a period and reduces access to their drug of choice, unless appropriate treatment is provided, they are very likely to continue on their old path of substance abuse and crime after being released back into our communities.
The best outcomes have been achieved from a multidisciplinary approach, the core of which is treatment. We need to be able to help people change the way they think and behave. Without appropriate treatment we cannot do that, nor can we teach the skills offenders need to successfully rejoin society after incarceration. Hawaii’s drug court programs provide these essential services to individuals in the criminal justice system with a cost savings to the public.
Graduates of our treatment courts, like Drug Court, are proving that they can return to being successful in the community.
Many came to the treatment court unemployed and homeless. Through the guidance of the court, counselors and service providers, many have graduated from treatment living clean and sober lives with jobs and housing. Additionally, these graduates have paid restitution to their victims and their fines and fees in full.
Each May, during National Drug Court Month, we celebrate the many benefits drug courts bring to our communities. The success of these programs is the result of a truly collaborative effort.
For their dedication to the safety and well-being of our communities, we thank — among many others — our drug court partners in law enforcement and the criminal justice system, community service and nonprofit agencies, doctors, substance- abuse treatment counselors, residential and outpatient treatment providers, and the many volunteers who provide clean and sober support for participants.
And of course, the employers, friends and family members who help addicts find their way back on the path to recovery.
Together, this support team helps give offenders a new start on life: working, paying taxes, with a real chance for a successful future.
Jack Tonaki is public defender of the state of Hawaii; Keith Kaneshiro is city prosecuting attorney; Edward H. Kubo Jr. is presiding judge of the First Circuit (Oahu) Drug Court.