Vision
Kentucky Court of Justice (KCOJ) is committed to improving responses to justice-involved Kentuckians and their families, focusing on individuals with substance use disorder, mental illness and intellectual disabilities. The KCOJ strives for equitable pathways to recovery that divert justice-involved individuals into necessary treatments and out of the court system. This is achieved through intentional collaborations involving a multidisciplinary system of the KCOJ, behavioral health systems and local communities.
Goals
The Crime and Justice Institute (CJI) report, outlines recommendations that KCOJ will utilize in its efforts toward the adoption of the Recovery-Oriented System of Care (ROSC) court model and the implementation of the following goals:
Ensure adequate screening is done for individuals who are referred for assessments
Examine the shift from a sanction-based, compliance court model to a Recovery-Oriented System of Care court model to address substance use disorders (including co-occurring disorders)
Leverage resources to achieve better outcomes for individuals with substance use and or mental health disorders, by expanding services provided and matching those who are in need
Consider the continuity of needs/recovery pathways to ensure staff understand how individuals can navigate their recovery
Work to enhance recovery capital by removing barriers and connecting individuals to services through other agencies such as childcare, housing, transportation and employment assistance
History
In the last few years, the Kentucky Court of Justice has been striving to improve its understanding of evidence-based treatment and recovery supports. This includes the best practices for handling cases involving individuals with mental health and/or substance use disorder. Since 2019, the steps below have been implemented:
2019: Launch of RESTORE initiative, which provided judges, circuit court clerks and court personnel with up-to-date information on best practices to support the treatment of substance abuse disorder
2020: Grant Funding from the State Justice Institute was used to coordinate with the Crime and Justice Institute (CJI), which conducted a formal assessment of strengths, opportunities and challenges faced by Kentucky judges, court personnel and stakeholders when trying to connect justice-involved individuals to services
2021: CJI completed its assessment and presented a final report titled “Recovery Oriented Systems of Care: Needs and Opportunities for Kentucky’s Court System”
CJI Report Summary
The Crime and Justice Institute (CJI) report found that Kentucky appears to be the first state court system to move toward a Recovery-Oriented System of Care (ROSC). While there is no roadmap for transitioning a court system, Kentucky will look to other states that have sought to improve their various systems with ROSC. The CJI report is the first step toward outlining this transition. Below, are the findings from the 2021 report.
There are challenges in coordinating care between courts and treatment providers. The different expectations about the roles of courts and treatment providers, make efficient and effective service delivery difficult.
Each direct service department within the Administrative Office of the Courts (AOC), operates independent court programs and collaborates on joint projects. However, they have yet to establish a shared definition, vision and approach to recovery. Differences in perspectives toward recovery result in different uses of program conditions.
The collaboration between the Cabinet for Health and Family Services Department for Behavioral Health, Developmental and Intellectual Disabilities (DBHDID), Department for Community Based Services (DCBS) and Administrative Offices of the Courts (AOC) has strengthened in the past six years. In family law and juvenile cases, efforts to move towards a system of care for families can provide a roadmap to developing a similar approach within the adult court system.
Certain courts, DBHDID, and DCBS are already implementing ROSC principles, including person-centered care, timely and equitable access to services, and the use of natural supports.
Treatment availability improved with Medicaid expansion and recent changes. It allows service provision via telehealth to be billable, but challenges persist, such as transportation, limited provider office hours, stigma and lack of resources to access telehealth services.
Essential services to coordinate care for individuals involved in the court and behavioral health systems do not have adequate funding, which has caused some communities to rely on short-term grants to fill in gaps. Without a long-term sustainability plan, the care coordination services will disappear when grant periods end.
Courts and communities have increased their awareness of substance use and recovery. They would benefit from ongoing education to increase collaboration, awareness of community-based resources, and appropriate advocacy for recovery-oriented responses to substance use and mental health.
A perception among some system stakeholders is that diversion and deferred prosecution programs are too lenient in results. It’s specifically designed to target people with substance use issues and connect them to treatment. A lack of meaningful participant incentives prevents some specialty courts from operating at full capacity.
Frequently Asked Questions
A ROSC is an approach that prioritizes the rehabilitation and recovery of individuals in the justice system who struggle with substance use disorders or mental health issues. It emphasizes collaboration between judicial agencies, healthcare providers and community organizations to support individuals in their recovery journey.
Traditional approaches often focus on punishment and deterrence, whereas ROSC emphasizes treatment, support and rehabilitation. Instead of solely punishing individuals for their offenses, ROSC aims to address underlying issues, such as substance abuse or mental health disorders.
Key components include:
Screening and assessment for substance use and mental health disorders
Access to evidence-based treatment services, including medication-assisted treatment (MAT) and counseling
Collaboration between court agencies, healthcare providers and community organizations
Peer support services to promote recovery and connection with the community
Continuity of care, including support during incarceration and post-release
Education and training for court professionals on addiction and mental health issues
ROSC provides justice-involved individuals with access to comprehensive treatment and support services that can address the root causes of their involvement in the justice system. It can lead to reduced rates of recidivism, improved health outcomes and increased opportunities for successful re-entry.
Peer support services, which involve individuals with lived experience of addiction or mental health issues provide guidance and encouragement to others in similar situations. Peers can offer empathy, understanding and practical assistance to individuals navigating the challenges of recovery and reentry into the community.
Communities can support ROSC by:
Advocating for policy changes that prioritize treatment and rehabilitation over punitive measures
Investing in resources for substance abuse treatment, mental health services and supportive housing
Promoting collaboration between judicial agencies, healthcare providers and community organizations
Providing education and training on addiction and mental health issues for justice professionals
Fostering a supportive environment that embraces individuals in recovery and promotes successful connection within their communities
Research has shown that ROSC approaches can lead to reductions in substance misuse, recidivism and healthcare costs while improving overall well-being and quality of life for individuals involved in the justice system. Numerous studies have demonstrated the positive impact of integrated treatment and support services on recovery outcomes.
Individuals can access resources and support through various avenues including:
Screening and assessment processes within the justice system
Referrals from probation or parole officers, court officials or healthcare providers
Community-based organizations that offer substance abuse treatment, mental health services and peer support programs
Reentry programs designed to assist individuals transitioning from incarceration back into the community
Yes, challenges may include:
Limited funding and resources for treatment and support services
Stigma associated with addiction and mental health disorders
Fragmentation of services and lack of coordination between agencies
Legal and policy barriers that hinder access to treatment or support for certain populations, such as individuals with prior convictions