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Treatment Drug Courts: Integrating Substance Abuse Treatment With Legal Case Processing
Treatment Improvement Protocol (TIP) Series 23

Chapter 7 -- Program Costs and Financing

Programs to integrate substance abuse treatment with pretrial case processing cost money to run. Funding must be found to pay for the costs of treatment, ancillary services, and all the other treatment, justice system, and public health functions. This chapter focuses on identification of program costs and strategies for meeting those costs.

Identifying Program Costs

The costs of a program can be broken down into its component parts. Since programs will vary widely depending on the size and composition of the target group, the point(s) in the court process at which program intervention occurs, the types of treatment services provided, and a myriad of other factors, the costs will vary widely from jurisdiction to jurisdiction. The following is a preliminary list of possible costs:

Treatment and ancillary services costs. These are the costs of all of the treatment and treatment-related services provided by the program. Depending on the scope of the program and size of the target population, they could include any or all of the following:

  • Substance abuse screening
  • Detoxification facility and services
  • Substance abuse assessment and treatment planning services
  • Counseling therapy (group, individual, family)
  • Medical assessment and treatment services
  • Mental health services
  • Drug testing equipment and lab services
  • Child care
  • Case management and court liaison services
  • Computers and software
  • Job training and counseling
  • Special costs associated with inpatient or residential treatment, if used
  • Social service support such as assistance in obtaining housing, food and medical care
  • Aftercare services

Justice system costs. When a program integrating substance abuse treatment with pretrial case processing is implemented in a jurisdiction, the courts and most or all other justice system agencies will be performing new functions. Reorganizing operating procedures will involve costs, especially if new equipment must be purchased or new staff must be hired. The following is a list of the types of costs that can potentially be incurred:

  • Salaries and fringe benefits for justice system personnel working on the program
    • Court personnel (judges and staff)
    • Prosecutor's office staff
    • Defense services
    • Pretrial services
    • Probation services
    • Jail personnel services.
  • Computers, software, and programming services
  • Drug testing equipment and lab services
  • Costs of facilities and services used to impose consequences for noncompliance with program conditions

Other costs. Some costs cannot be easily allocated to either treatment or the justice system. They include:

  • Costs of transportation of clients
    • From court to detoxification or treatment facility
    • From client's home to court or treatment.
  • Program evaluation
  • Costs of consultants to assist in program design, education, training, and ongoing monitoring and review of operations.

Using Cost-Benefit Analysis

Cost-benefit analyses can not only justify a program to outside funding sources; they can help leaders decide how to reallocate funding internally too. A study recently published by the California Department of Alcohol and Drug Programs (CALDATA) illustrates ways that costs can be broken down. The study analyzed benefits in relation to costs in three broad areas: (1) the effects of treatment of participant behavior, (2) the cost of treatment, and (3) the economic value of treatment to society.

Some of the variables in the criminal justice system that can -- and should -- be measured using the CALDATA methodology to determine cost benefits of treatment are

  • Reductions in costs associated with defendants involvement in the criminal justice system
    • Costs per arrest
    • Costs of crime-related court case processing and legal services
    • Costs of incarceration in prison and jail
    • Costs of probation and parole services
    • Costs related to victim losses, including thefts.
  • Reduction in costs of the health care system
    • Costs of outpatient and inpatient medical care related to substance abuse
    • Costs of emergency care
    • Costs of inpatient and outpatient mental health care
    • The costs of those who have communicable disease that is untreated (e.g., TB, HIV, other STDs).
  • Increased economic productivity of program participants
    • Increased earnings
    • Reduction in costs related to welfare and other social services.

The 2-year CALDATA study examined outcomes for a sample of nearly 150,000 persons who received substance abuse treatment in California in 1992, and found that the cost of treatment was $209 million. The benefits, in terms of cost savings during treatment and the first year after were approximately $1.5 billion. Thus, for every dollar spent on treatment, about $7 was saved, mainly in reduction of criminal activity and in the hospitalizations for health problems.

At the local level, program managers can follow the CALDATA study approach in estimating program benefits in relation to costs. Equally important, they can use the evaluations to garner outside funding.

Funding Strategies

Once the costs of program components have been identified, it is time to develop funding strategies. It is important to remember at this point that not all costs of a program are necessarily new costs. The functions being performed by the program are to some extent displacing functions previously performed, and many if not all of the justice system costs can be met by reorganizing staff and procedures. The principal costs for a treatment drug court program are likely to be the costs of treatment services. There are a variety of ways in which these costs can be met including

  • Insurance reimbursement through the defendant's own health insurance or through Medicaid or other publicly funded insurance
  • State or local funding of substance abuse treatment services
  • Grant support for treatment services, from foundations or public agencies
  • Fees paid by defendants participating in the program.

Most of the treatment drug courts created since 1988 were started without significant infusion of outside resources and often without any outside resources whatsoever. They were developed through local initiatives, using local resources. More federal funds have become available in the last year from the U.S. Department of Justice's Office of Justice Programs. The major support for the treatment infrastructure remains the U.S. Department of Health and Human Services' Center for Substance Abuse Treatment.

Particularly in view of the uncertainty of federal grant support, it is important for planners to involve potential state and local funding sources from the outset. In this connection, the office of the State Alcohol and Drug Abuse Director has a particularly important role. This agency has significant responsibility for the allocation of Federal and State funds available for substance abuse treatment and can be an invaluable source of assistance in program design as well as direct funding.

Even if Federal or foundation funding is available to help get a program off the ground, long-term funding support will have to come principally from State and local sources. If representatives of these sources are involved from the outset, they can be educated about the goals and values of the program, and they can also advise program leaders about what indicators of success will win the program long-term funding support.

Approaches to Short-term Funding Needs

Although the long-term viability of treatment drug court programs will depend mainly on their capacity to persuade State and local funding sources of their worth, there are a variety of short-term approaches to funding that warrant attention from program planners. These include the following:

Volunteers. Programs integrating substance abuse treatment with pretrial case processing require a great deal of labor. The provision of ancillary services, in particular, is an area in which volunteers can play an especially valuable role. Community service organizations, professional organizations, and interested individuals are potential sources of volunteer assistance. Volunteers will need training (and training costs must be built into the budget), but they can be immensely valuable assets to a program.

Grants. A valuable asset to a program is a person with experience in preparing grant applications, either as an employee or as a consultant. These individuals can help identify potential funding sources and prepare persuasive proposals to government and private funding sources.

Local philanthropists. Philanthropists in the community are often willing to contribute to creative programs that cannot be funded by government grants or other conventional funding sources. The Foundation Center in Washington, D.C. publishes a directory of philanthropic organizations and the types of programs they fund. Health and human service-related projects are funded by a number of foundations, including the Robert Wood Johnson Foundation, the Annie E. Casey Foundation, and the Pew Charitable Trust.

Nontraditional partners. Treatment drug court programs provide opportunities for new partnerships involving the justice system, the treatment community, and a wide range of organizations that ordinarily have little or nothing to do with courts or substance abuse treatment. For example, chambers of commerce and other civic organizations may be able to provide job placement services or apprenticeship programs. Grocery stores and restaurant chains can provide jobs. Churches can provide meeting space for support groups as well as emotional sustenance.

Entitlement and insurance income. It is important for program leaders to know what entitlements and insurance income their clients are eligible for. Some defendants are eligible for entitlement programs that can help fund substance abuse treatment and ancillary services. For example, clients with children may be eligible for funds and services from State programs in the areas of child care, nutrition, housing, and employment. Younger clients may be entitled to educational support. Many clients will probably be eligible for employment funds in the community. Veterans of the armed services are probably eligible for a wide array of Department of Veterans Affairs programs. The local public health agency will be likely to have a number of programs for which clients are eligible, including ones on prenatal care, family planning, nutrition counseling, TB testing, STD prevention, and HIV/AIDS education.

There are a number of "third party payment systems" that can potentially be used to help fund substance abuse treatment, depending on the circumstances of the individual defendant/client. They include:

  • Medicare
  • Supplemental Security Income (SSI) disability assistance
  • CHAMPUS (the Federal system of health care payments for military personnel and their dependents)
  • Private health insurance
  • Medicaid.

The Impact of Managed Care

In recent years, health care reform has been a major focus of attention for the States. While there is no way to accurately predict how laws governing funding for health care (including substance abuse treatment) will change, it is certain that managed care will continue to place stringent time limits on health care services. As drug courts develop, regardless of their initial sources of funding, judges will need to be aware of new legislation and regulations affecting funding for substance abuse treatment services and initiate discussion on alternative policies that support drug court objectives.

 



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