An exploratory analysis of collateral consequences of justice system involvement among diversion drug court participants

Collateral consequences are largely considered to be experienced by those formerly incarcerated, those with felony convictions, or those who had to register as sex offenders. But, research indicates that various types of justice system contact (e.g. police stops, arrests, convictions, sentencing), even if seemingly minor, can negatively impact individuals. Drug courts are one policy response to substance use and are widely used in the U.S. However, little prior research has explored collateral consequences in this population. We hypothesized that drug court participants have experienced collateral consequences in their past and sought to explore the potential that drug courts can also cause these consequences. To do this, we observed drug court staff meetings and court hearings and administered a survey to participants. Results indicate that most participants have experienced negative collateral consequences mainly surrounding employment. Findings also show that participants believed that drug court participation itself had collateral consequences on their lives, representing a novel approach to conceptualizing drug court impact. Drug court practice should look to mitigate the possible negative effects of past system involvement in this population and seek to prevent any occurring from participation, particularly as they are related to employment.