Problem-solving courts (PSCs), also known as specialty courts, are non-adversarial courts which seek to help criminal defendants suffering from an underlying mental health, social or substance abuse problem avoid committing new offenses. In Cook County, the first problem-solving court programs were established in 1998. There are now 20 PSCs across Cook County’s six municipal districts: seven adult drug treatment courts, seven adult mental health treatment courts, and six veteran’s treatment courts. All PSCs in Cook County operate under very specific evidence-based and risk-needs-responsivity models and target high risk/high needs individuals charged with non-violent felony offenses, though the three types of problem-solving courts serve different purposes and target individuals with differing risks and needs.
Overall, existing research suggests that PSCs can be effective in terms of reducing participants’ risk of recidivism, especially for participants with more risk factors (Boldt, 2017). In 2023, the Department completed its own recidivism study examining both the short-term program outcomes and the longer-term desistance patterns of participants in Cook County’s PSCs. Outcomes were examined for a sample of 3,345 cases that were admitted to the County’s Problem-Solving Courts between the years of 2010-2019. For this study, recidivism was defined in four ways: re-arrest for a new criminal offense while on PSC probation, conviction for a new arrest while on PSC probation, re-arrest for a new criminal offense within three years of termination from PSC probation, and conviction for a new arrest within three years of termination from PSC probation.
Key findings from this review include:
- 46% of PSC admits were on probation for a drug offense, while 41% were on probation for a property offense. Less than 7% were on probation for an offense against a person.
- 58% of PSC admits were admitted to Drug Courts, while 30% of PSC admits were admitted to Mental Health Courts, and 12% of PSC admits were admitted to Veteran’s Courts.
- Almost half (49%) of all PSC admits were supervised at 26th Street.
- 47% of PSC admits were terminated satisfactory; 47% were terminated unsatisfactory. The remaining cases were terminated with a neutral outcome, which includes death.
- The majority of PSC admits were male (70%) and Black (63%). On average, PSC admits were 42 years old at sentencing.
- Over half of PSC admits (57%) had 13 or more prior arrests.
- 44% of PSC admits were arrested for a new offense during their PSC probation term.
- During probation, 32% of PSC admits were arrested for a new felony offense; 24% of PSC admits were arrested for a new misdemeanor offense; and 5% of PSC admits were arrested for a new violent offense. This sample was most likely to be arrested during probation for possession of a controlled substance (14%), manufacture and delivery of a controlled substance (14%), or retail theft (11%).
- Drug and Mental Health Court participants were most likely to be arrested for a new offense during probation, with 45% of Drug and Mental Health Court participants being arrested during probation, compared to 34% of Veteran’s Court participants.
- 43% of PSC admits who did not end up in IDOC were arrested for a new offense within 3 years of probation termination.
- Within 3 years of probation termination, 28% of PSC admits who did not end up in IDOC were arrested for a new felony offense; 32% were arrested for a new misdemeanor offense; and 9% were arrested for a new violent offense. This sample was most likely to be arrested for a new retail theft (21%) or PCS (19%) offense.
- Of participants who did not end up in IDOC, Drug Court participants were most likely to be arrested for a new offense within 3 years from probation termination (47%). Mental Health Court participants followed with a 41% arrest rate within 3 years of probation termination. Veteran’s Court participants were the least likely to be arrested within 3 years of termination (31%).
- 22% of PSC admits who did not end up in IDOC received convictions for a new offense within 3 years of termination. 18% received felony convictions, 7% received misdemeanor convictions, and 2% violent convictions.
- Of participants who did not end up in IDOC, Drug Court participants were again most likely to receive convictions for arrests within 3 years of termination (25%) compared to Mental Health Court participants (21%) and Veteran’s Court participants (14%).
- For participants who did not end up in IDOC and who were re-arrested after their case closed, the first 12 months after termination was the highest-risk period for re-arrest, with 57% being arrested within a year.
- Age and prior arrests were the strongest predictors of recidivism by all four measures: younger individuals and individuals with more extensive arrest histories had higher odds of recidivism.
- Compared to participants who were either employed or receiving SSI benefits, unemployed individuals were more likely to be arrested during-probation and convicted on a new arrest post-probation.
- Compared to participants charged with a property offense, individuals charged with a drug or non-drug, non-property offense were less likely to be arrested or convicted on a new arrest.
- Outcomes did not differ significantly across PSC locations after controlling for other relevant characteristics, indicating a measure of stability and standardization across County courtrooms.