Pubdate: Mon, 13 Nov 2000 Source: Northwest Arkansas Times (AR) Copyright: 2000 Community Publishers Inc. Contact: 212 N. East Ave., P.O. Box 1607 Fayetteville, AR 72702 Website: http://www.nwarktimes.com A SMART APPROACH TO NONVIOLENT DRUG OFFENDERS While government statistics indicate that drug use is down when compared to the Studio 54 days of the late '70s, the use of illegal drugs among adults the past few years hasn't gone down but merely remained stable, and teenagers smoked marijuana in 1999 at almost twice the rate they did seven years earlier. So, it's not a stretch to conclude our proverbial war on drugs could use a little reworking, including an evaluation of the punishment given to those unlucky drug offenders who find themselves facing state-sponsored incarceration in facilities often already overburdened and overcrowded. That's why the implementation of the Washington County Drug Treatment Court, which recently saw its first graduate, is an important step in re-evaluating how we handle certain drug offenders. Only the second of its kind in the state, the program is a prejudgement diversion program designed for nonviolent drug offenders who aren't dealers. If candidates -- Circuit Chancery Judge Mary Ann Gunn's preferred term -- successfully complete the drug treatment program, the charges against them are dropped, jail time is avoided and expense is reduced. Sound too easy? That's what Gunn thought, too. Initially, she said she didn't believe in the concept of drug court, preferring a "do-the-time" approach instead. But after dealing with program participants, she's changed her mind. Apparently it was their dedication that swayed her. And dedication is what it takes to get through the program -- all the way through, without messing up and thus heading for that state-sponsored home away from home. Candidates must agree to participate in a three-phase program that includes getting sober, taking a multitude of drug tests, addressing problems that triggered the drug abuse in the first place, finishing their high school education and mentoring other drug court participants. It does, indeed, as Gunn says, require a "lifestyle change." And shouldn't that be the ultimate goal for such nonviolent offenders? After all, how does it help them or the rest of us if jail time is merely a vacation -- if that really occurs, that is -- from drug use? Consider this: The Drug Court Clearinghouse and Technical Information Project at American University reports the recidivism rate five years ago for those who completed drug court monitored treatment programs was 4 percent. It soared to 45 percent for those who received traditional short prison terms or probation. Drug courts, or versions thereof, are popping up in other parts of the country, too. California voters just passed Proposition 36, which mandates drug treatment and probation for nonviolent drug offenders and will affect about 36,000 people convicted for first-or second-time drug use or possession. Voters approved a similar measure in Arizona four years ago. Seems like Washington County is on to something. Fortunately, the state Department of Health's Bureau of Alcohol and Drug Abuse thought so, too, and kicked in enough money recently to keep the program going after a federal grant failed to materialize. With the number of drug court participants expected to grow from the current 22 to more than 100, the need in our county -- which won't stop at 100 -- can't be addressed without funding. But the money runs out in less than a year, which is why we hope Gov. Mike Huckabee will contemplate providing permanent funding in the next budget request. Think of it this way: It's not really a question of sympathy but rather practicality. Even those with a punish-'em-by-golly attitude should recognize that moving nonviolent drug offenders through the system once and less expensively as opposed to over and over at more cost would appear to be a better use of taxpayer money. It's won't always work, but monitored treatment certainly seems a more effective approach than clogging our prisons with nonviolent drug offenders for whom other remedies exist. - --- MAP posted-by: Thunder