The establishment of the Philadelphia Treatment Court, the first of its kind in Pennsylvania, is a new effort to join the criminal justice and substance abuse treatment systems in addressing the substance-abusing criminal population. The Treatment Court, under the leadership of Judge Louis J. Presenza, aims to establish a new working relationship between the court and the treatment system utilizing sound treatment practices while maintaining due regard for public safety and due process of law.

The Treatment Court Planning Committee (District Attorney's Office, Defender Association, MC and CP Court administration, Crime and Justice Research Institute, Prison and Health Department) meeting each week since December 1995, established a target population currently limited to non-mandatory felony drug cases; coordinated operational issues with criminal justice agencies, the court and treatment providers; and implemented Treatment Court operations in April 1997. The program has expanded from a one day to a two day per week program and, with continued funding, expects to be operating five days/ week by the end of 1999.

The Treatment Court draws on a network of services to meet the clinically determined treatment needs of participants. In addition to normal judicial functions, the judge assumes the new role of leader of the treatment process. In accepting a defendant into the Treatment Court program, the judge conducts a guilty or nolo contendere plea colloquy, and orders the defendant to report to CODAAP or FOCIS for initial drug assessment and the beginning of the treatment process. Once in treatment, the judge monitors the defendant's progress during the 12 month (minimum) process. Success is attained when all treatment requirements are met -- including attendance and drug-free urinalyses — and there are no new arrests resulting in conviction during the treatment period. An aftercare plan and referrals will accompany successful graduation and the judge will dismiss the case with prejudice, without adjudication of guilt. Should the defendant not be rearrested and convicted and remain drug-free for one year from the graduation date, the arrest will be expunged from the defendant's record. If the defendant fails to comply with program conditions, the judge has the option of terminating him/her from the program, entering the guilty plea and sentencing the defendant accordingly.

As of March 18, 1998, 696 defendants have been listed into the Treatment Court. Of those, 81 defendants tendered pleas and entered the program. The balance have either been assessed to be not in need of treatment, have rejected the program and opted to proceed to a preliminary hearing, or been deemed ineligible for the program after further investigation by the District Attorney's Office. As an alternative to incarceration, most defendants were released under special pretrial service conditions, as opposed to cash bail. A significant impact of this program has been the dramatic reduction in the failure to appear (FTA) rate to 5% and a decrease in the rearrest rate to less than 10%.