New Drug Court for the 33rd

This forum will be a place to discuss the drug court. What it is and is not, who is eligible, why a defendant might want to enter this process, what happens, what's the benefit to the public and the offenders. Your comments and suggestions are invited. (remember: to comment in this forum requires that you be a registered user on this site)

Documentation

Full documentation of the drug court program will appear in a "book" section when and as fully developed.

What is a Drug Court?

  • Drug Courts offer a viable alternative to incarceration, decrease recidivism, improve public safety and reduce cost to taxpayers.
  • Drug Courts go beyond traditional roles by combining intensive treatment with a collaborative effort by the judge, prosecutor, defense attorney, treatment provider, community supervision officer and law enforcement.
  • Drug courts recognize and reward those participants who make and keep a commentment to comply with the probram and maintain a drug-free livestyle.
  • Drug Courts promptly address non-compliance and relapse with sanctions developed to encourage success or eliminate those not committed to sobriety from the program.

What a Drug Court will not be:

An opportunity to avoid prosecution and not taking personal responsibility for illegal drug-related activity. Participants are held accountable. Participants who are uncommitted, uncooperative or non-compliant are eliminated and charges are adjudicated (or probation revoked).

Why a Drug Court?

  • 45% of offenders convicted of drug possession will recidivate with a similar offense within 2 to 3 years.
  • The more frequent an offender has been arrested for a drug offense the more likely he or she is to recidivate.
  • Drug addicts spend at least $50.00 per day on drugs. To maintain their habits, they commit larceny, burglary, robbery and other crimes.
  • Drug Courts work and assist the Criminal Justice System in their effort to break the recidivism chain.

Eligibility (in a nutshell):

  • Appropriate offenders (non violent, non-dealing, some other constraints) can enter the system via pre-trial diversion with consent of the District Attorney or as a part of a plea-bargain, either adjudicated or deferred as to adjudication.
  • Most of all, they have to acknowledge their addiction, be willing to recover and to actively participate in the program and be charged with an offense where substance abuse is an underlying circumstance.

What happens at a drug court docket?

"Drug Court" involves many activities by the offender during a minimum 12 Month, 3-Phase Program involving:

  • Orientation (assessments, beginning of outpatient treatment, u/a's, field visits
  • Stabilization (continuation of treatment, cognitive skills, parenting, GED and other life-enhancing courses)
  • Reintegration and Aftercare (continuation of court appearances and office visits)

During the actual drug court dockets the judge presides and the session is attended by the offender, perhaps their family members or an AA/NA sponsor, and by the CSCD officer, treatment provider, prosecutor and, if desired, defense counsel. The offender's progress is reviewed and success is rewarded while regression may be sanctioned -- sometimes simply by dropping back down the ladder of their continuum and ranging all the way to incarceration for serious non-compliance. The worst-case scenario is non-compliance resulting in revocation.

The Cost?

Administrative program fee of $500, IOPT co-pay of $10, Urinanalysis $5.00.

Who Presides?

Judge Jones is dedicated to starting this program and presiding as long as possible, as often as possible. However, the realities of the docket in the 33rd is such that another solution must be found. A search will be undertaken for a knowledgable attorney to be appointed as an Associate Judge for this purpose, with a modest pay for doing so.