II. METHODOLOGY

• The drug portion of the Judiciary's budget is estimated by applying the percentage of drug- related activity experienced in each appropriation to the current appropriation or requested funding. The percentages are developed by analyzing the workload of each component of the Judiciary.

• The federal Judiciary is organized geographically into 12 Judicial Circuits and 94 Districts, each with supporting offices, such as the Office of the Clerk of the Court, Central Legal Staff, Probation and Pretrial Services Offices, and Bankruptcy Courts. The courts receive administrative support from the Administrative Office of the U. S. Courts and research and training services from the Federal Judicial Center. In addition to personnel and court operating expenses, Judiciary costs include payments to jurors, payments to defense attorneys for indigent defendants, court reporting and interpreting, and court facility security.

• The Judiciary plays a unique role in the criminal justice continuum and thus supports this broad goal. The resources identified with this goal represent an estimate of the Judiciary's resources associated with drug cases, trials, defendants, and associated costs.

• The Judiciary supports this goal through court ordered drug testing, drug treatment and supervision of federal defendants, probationers, parolees and supervised releasees.

1997 Base Program

• The FY 1997 base program of $474.7 million for Goal 2 activities includes increases for inflation, pay increases, additional representations, and the increased costs of ongoing activities. Resources will provide adjudication of federal drug laws, representation for indigent individuals accused under these laws, and the supervision of offenders and defendants. Drug-related workload is identified by the types of cases being heard as well as the offenses of the individuals needing counsel or under supervision.



• The FY 1997 base program of $64.5 million for Goal 3 activities includes increases for inflation and the increased cost of ongoing programs. This funding is primarily for drug testing and treatment of federal defendants and offenders by the the probation and pretrial services offices. Also included are funds to implement the Mandatory Drug Testing program created by the Violent Crime Control and Law Enforcement Act of 1994.

• The total FY 1998 drug control budget request is $620.5 million, an increase of $81.4 million over the FY 1997 enacted level.

• The total drug control request for Goal 2 activities for FY 1998 is $548 million, a net increase of $73.3 million over FY 1997. The request does not include any specific drug program enhancements. Rather, the request reflects inflationary increases and increases to maintain current services with increasing workload.

• The total drug control request for Goal 3 activities for FY 1998 is $72.6 million, a net increase of $8.1 million over FY 1997. The 1998 request includes funding for program enhancements for the Drug Dependent Offender Program and Pretrial Drug Testing of Federal Defendants.



• Testing and outpatient counseling have, in combination, proven effective with most offenders in the program. However, current funding allows only limited use of contract facilities that provide detoxification and other forms of inpatient treatment.



• The target of the requested enhancement is the five percent of substance abusing offenders who cannot be treated effectively with testing and outpatient counseling. This segment of the population represents chronic abusers who must be removed from negative peer and community relationships and placed in intensive, inpatient programs. Outpatient treatment methods simply do not work in these difficult cases, and more rigorous interventions are needed. The cost of inpatient treatment varies widely across the regions of the country.



• The President signed a memorandum dated December 18, 1995 directing the Attorney General to develop a universal policy for drug testing of all federal defendants. During FY 1997, the Department of Justice (DOJ) and the Judiciary are establishing a pilot program in 25 districts to determine the feasibility of full implementation of this initiative. The DOJ is funding the pilot project under a memorandum of understanding between DOJ and the Judiciary. It is expected that this initiative will continue into FY 1998, at an estimated cost of $4.5 million, with continued DOJ funding.

• In fiscal year 1996, there are approximately 24,000 convicted offenders receiving substance abuse treatment, an increase of 80 percent over the 13,322 receiving treatment when the Anti-Drug Abuse Act of 1986 went into effect. Continued increases are projected through 1998, when the total is expected to be 26,700.



• At the direction of the Criminal Law Committee of the Judicial Conference, efforts continued in 1996 to enhance the Substance Abuse Treatment Program (SATP). Administrative Office staff and senior drug treatment specialists from the courts worked together to begin development of a national certification program for probation officers and to evaluate various substance abuse assessment and screening instruments. The goal is more effective supervision, referral, and treatment of substance abusers under the supervision of probation and pretrial services officers. In May and June 1996, the Administrative Office provided training to court personnel to enhance the ability to request, evaluate, and grant substance abuse treatment contracts.



• During 1996, the Administrative Office expanded the use of an automated substance abuse case tracking module which will collect data regarding treatment outcome as well as expenditures, and will better enable program administrators to evaluate the effectiveness of various treatment options.