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By Kevin Robillard January 13, 2010
Back to Enhance drug courts

No legislation in sight

Since the first drug court began in Miami in 1989, the specialized courts have been an increasingly popular way for states to treat low-level, nonviolent drug offenders. Instead of locking them away and further crowding prisons, these offenders instead have their addictions treated. All 50 states now operate drug courts, and the programs are relatively popular on both sides of the political aisle.

And while grants from the Justice Department fund many of these courts, the federal government doesn't have an equivalent program. During the campaign, Barack Obama promised to change that "by signing a law that would authorize federal magistrates to preside over drug courts and federal probation officers to oversee the offenders' compliance with drug treatment programs." He would "ensure that our federal courts and probation offices have adequate resources to deal with this new program."

A number of Obama's actions have made it clear he supports the idea of drug courts. An appropriations bill passed in December includes $45 million for drug courts, an increase last year, according to Christopher Deutsch, a spokesman for the National Association of Drug Court Professionals. Attorney General Eric Holder voiced support for them during a congressional hearing. And Obama's drug czar, Gil Kerlikowske, has spoken of a broader strategy of ending the "drug war" and shifting the focus from punishment to treatment.

But no legislation has been introduced doing what Obama promised: creating federal-level drug courts. So for now, we're going to rate this promise Stalled.

Our Sources

Office of National Drug Control Policy, Drug Courts

Newsweek, Drug Courts Appeal to Democrats and Republicans, By Dina Fine Maron, October 7, 2009

The Library of Congress, Consolidated Appropriations Act, 2010, December 13, 2009

E-mail interview with Christopher Deutsch, National Association of Drug Court Professionals

Congressional Quarterly Transcripts, Senate Judiciary Committee Holds Hearing on Justice Department Oversight, November 18, 2009

Wall Street Journal, White House Czar Calls for End to 'War on Drugs,' By Gary Fields, May 14, 2009