In 1989, Miami-Dade County State Attorney Katherine Fernandez Rundle conceived of and helped implement the nation’s first Drug Court, with initial results indicating a reduction in rearrests and a lower rate of dropped cases. Buoyed by the program’s success, State Attorney Fernandez Rundle developed a wide array of diversionary programs designed to rehabilitate lower-level offenders with substance use and mental health disorders. Research consistently shows that properly implemented Smart Justice programs can significantly improve outcomes. State Attorney Fernandez Rundle recognizes that technological advances may provide new opportunities to address remaining gaps in our programs.
Research suggests that a significant majority of driving under the influence (DUI) offenders have substance misuse issues. In one study, researchers reported that approximately 82% of male and 76% of female DUI arrestees met criteria for alcohol dependence, while over 90% of both men and women met criteria for hazardous use. In order to properly address their issues, it is essential for practitioners to consider and explore emerging assessment, treatment, and monitoring methodologies.
In 2024, the Miami-Dade State Attorney’s Office (SAO) partnered with Judges Verde and Cannava, the Administrative Office of the Courts, and the Public Defender’s Office, to pilot a cellphone-based application that facilitated remote oral fluid drug testing in the adult and domestic violence Drug Courts. The pilot demonstrated that remote testing provided a convenient, effective, and trauma-sensitive supplement to traditional urine drug testing in appropriate cases.
This year, the SAO is partnering with Advocate Program, Inc., a non-profit organization that provides court diversion services, the University of Miami (UM), and the Institute for Behavior and Health (IBH) to pilot a new cellphone-based application (app) developed by Restorative Behavioral Health (RBH) in our Low Risk Program (LRP). The LRP, a 6-month diversionary program administered by the Advocate Program, is designed to address the needs of drug offenders arrested for cocaine possession who score low or moderate risk on the Ohio Risk Assessment System (ORAS). High risk offenders are referred to Drug Court. We will pilot the RBH app with 25 participants who score moderate risk on the ORAS or test positive at program intake. Participants will be monitored for abstinence with PharmChek Sweat Patch immunoassay screening with LC-MS/MS confirmation during the first month, followed by random urine testing using Biosciences 13 Panel Drug Test Cups in subsequent months. The participants will have access to the app for the duration of the LRP program and an additional 6-months post program completion. We will evaluate app usage metrics and participant outcomes, including for example, test results, diversion success rates, and recidivism.
The RBH app surveys participants’ moods and cravings, provides real-time cues and positive reinforcement, and offers access to and facilitates peer support. The application also integrated existing Fitbit technology to collect data on such as sleep quality, blood oxygen levels, heart rate, heart rate variability, respiratory rates, physical movement, and other biometric data.
While mobile data collection is not new, the integration of biometric data, peer support, and criminal justice oversight into a single application represents a unique and potentially first-of-its-kind strategy to offender supervision and early intervention aimed at reducing the likelihood of failure. By combining these three powerful components, this model introduces a holistic and innovative framework for supervision. Prior research supports our hypothesis that this can help alert case managers to early signs of relapse or crisis, enabling earlier and more effective interventions.
This innovative approach has the potential to not only enhance accountability but also foster personal growth, reduce recidivism, and improve long-term outcomes. It holds the promise of delivering significant benefits, not just to the individuals under supervision, but also to their families and the broader community. We anticipate these improved outcomes will result in long-term reductions in system costs.
The launch of the pilot will occur on Monday, June 2, 2025. During the pilot, we will determine the feasibility of using the app in criminal justice programs and lay the foundation for a larger-scale study to address other offenders with substance misuse issues, including DUI offenders.
If successful, cellphone-based technology like the RBH app has the potential to revolutionize that way we address substance use in the criminal justice system by enabling us to intervene prior to relapse or other crisis, and providing a more human-centered, responsive and effective supervision model.
For further information, please contact Chief Assistant State Attorney Stephen K. Talpins at [email protected].
