CHAPTER 5: DIVERSION AND COMPULSORY TREATMENT

Summary of findings

A summary of findings from Australian and international literature concerned with diversion and treatment for drug offenders suggests the following conclusions with relation to cannabis users:

• While the vast majority of cannabis users do not report any problems, there are increasing reports of individuals both in Australia and in other countries (e.g. the United States and New Zealand) who are seeking treatment for cannabis dependence.
• It is generally accepted that a prison sentence is unsatisfactory for offenders with drug problems, and diversion with the purpose of treatment is a widely used alternative, welcomed by judges and magistrates. Usually the illegal drug involved is heroin but occasionally cannabis is the offender's primary drug.
• Criminal justice involvement is seen as providing an opportunity to intervene in drug users' lives in order to confront the users with their drug problems and to bring them into contact with treatment agencies, often for the first time.
• The earlier the intervention in the users' lives the better, and the longer (or more frequent) the periods of treatment, the more successful the treatment outcome.
• In some cases merely attending for assessment is sufficient to bring about a change in attitude since the users are often confronted with their drug problem for the first time.
• While some dispute the value of coercion in getting drug users into treatment, it is often the only way, and there is more evidence to indicate successful treatment results for involuntary than for voluntary clients. This is primarily due to the length of time spent in treatment. Frequently the attitude of an unwilling client will change quite quickly once treatment has begun.
• The success of diversion to treatment programs depends on the skill and experience of the drug counsellor, the availability of sufficient places in suitable treatment facilities, and close cooperation between health and criminal justice agencies.
• It would be more cost effective to provide additional funds for the training of counsellors and the provision of suitable facilities than to continue to send repeat drug offenders to prison.
• Conclusions regarding treatment for cannabis offenders, particularly repeat offenders, are as follows:
• There are reports from most diversion programs/treatment agencies of individuals being referred for other drug use who also have serious problems in reducing or ceasing their cannabis use. Some of these may also be alcohol-dependent. There appears then to be some demand for cannabis treatment in this country.
• Interpreting treatment in its broadest and most ideal sense (i.e. as a program personally selected by the client in consultation with a counsellor, tailored to the needs and characteristics of the particular individual), for a repeat offender facing a prison sentence, treatment is a preferable alternative. Treatment appears to have the potential to help offenders restructure their lives in such a way as to avoid breaches of the law which bring them continually into contact with the criminal justice system. In the sense that treatment may be 'compulsory' (i.e. court mandated), while the client must be assessed as suitable for treatment (genuinely motivated to participate, although there may be some initial resistance), the advantage of the compulsory nature of the treatment is that it provides the 'crisis' generally acknowledged as necessary to get most drug users into treatment and to keep them there long enough for a successful outcome. In the case of cannabis use, the earlier the intervention the better, since there is likely to be less criminal involvement and therefore more likelihood of a successful outcome for the client. Young users, particularly juveniles, should receive more attention than they appear to be getting at present in Australia from, for instance, juvenile 'panels' (such as those in South Australia) for whom this is not a major focus.
• A final consideration regarding the treatment option for cannabis users is the availability of treatment programs and facilities and counsellors of sufficient quality and in sufficient numbers to accommodate those referred from the court system, since this is vital for successful treatment outcomes.