Pubdate: Mon, 09 Jul 2001
Source: The Herald-Sun (NC)
Copyright: 2001 The Herald-Sun
Contact:  http://www.herald-sun.com
Details: http://www.mapinc.org/media/1428
Author: John Stevenson
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

ADDICTION HELP MAY REPLACE JAIL TIME

DURHAM -- Because of high costs and broken equipment, Durham judicial 
officials recently lost the ability to put criminal suspects awaiting 
trial on electronic house arrest.

But now, the same officials have an idea they consider even more 
exciting - one that could provide meaningful help for some suspects 
rather than merely keeping them off the streets pending trial.

They propose to offer treatment evaluations to nonviolent drug 
suspects shortly after they are arrested, rather than waiting until 
they are convicted months later.

As an incentive, those who agree to early evaluations would receive 
bail bonds -- low enough to allow them to get them out of jail.

If an evaluator recommends treatment, suspects could accept or reject 
it. And the district attorney has promised that no information from a 
pretrial evaluation will be used against anyone in court.

Evaluations would be conducted by an agency known as Treatment 
Alternatives to Street Crime.

Now, drug suspects usually are ordered to TASC evaluations when they 
are convicted. But that often takes months -- sometimes a year or 
more. Drug treatment could help suspects refrain from committing new 
crimes while they await trial, officials suggested.

"Most crime is related in one way or another to illegal drugs," said 
District Court Judge Ann McKown, chair of a local substance-abuse 
task force. "I don't think you'd find any disagreement about that."

McKown said, for example, that most home and car break-ins are 
committed by people seeking items to sell for drug money. In 
addition, many violent crimes are the result of drug-induced 
frenzies, she added.

McKown described the proposal for quicker TASC evaluations as "a 
great idea." But she said officials have much planning to do before 
launching the proposal.

A preliminary meeting was held June 29. Many more meetings are 
expected to follow.

"I think we've got a good game plan," District Attorney Jim Hardin 
Jr. said. "It could put people in treatment months earlier . and help 
break the cycle of substance abuse. . I'm encouraged."

Hardin estimated that "at least 80 to 85 percent of the crime we see 
has a substance-abuse component to it." In Durham, that could account 
for some 16,000 new criminal cases each year -- not including 
motor-vehicle violations, according to Hardin.

But the proposal for quicker TASC evaluations is not without hurdles.

For one thing, TASC already is operating at full capacity and has a 
waiting list, said Evester Bailey, the agency's director of crisis 
and court services.

Bailey said only three TASC employees perform substance-abuse 
evaluations. That staffing level allows no more than six evaluations 
a day, or about 30 a week, he added. As a result, some criminal 
suspects must wait as long as two weeks for the evaluation.

There also is a bottleneck in treatment services.

Bailey said two agencies offer treatment for people referred from 
TASC: the Criminal Justice Resource Center and the Mental Health 
Adult Substance Abuse Program. But only the Mental Health program 
would be open to people awaiting trial, and it already is stretched 
thin, according to Bailey.

Still, Bailey said he supports the proposal for quicker TASC evaluations.

"In theory, it is great," he said. "It has a lot of merit. I'm 
excited about it. My motivation is getting people into treatment at 
the earliest moment possible. Our only barrier is whether we can 
muster sufficient manpower to do it."

District Court Judge Marcia Morey also expressed concern Friday about manpower.

"Ideally, this sounds good," she said. "Realistically, I don't know. 
It takes resources. It takes people. I'm not sure we have enough."

Defense lawyers raise a different concern.

"I'm kind of wondering if it's unconstitutional," said veteran 
attorney Brian Aus. "You're almost forcing people to do something 
they might not otherwise do. Is it coercive? I'm not certain about 
that."

Assistant Public Defender Lawrence Campbell, president of the Durham 
Criminal Defense Lawyers Association, said some drug suspects might 
provide too much information during pre-trial TASC evaluations.

"Certainly, anybody in jail will take any opportunity to get out," 
said Campbell. "Some will sell their souls. They'll say anything. It 
could come back to hurt them. They could put themselves in jeopardy."

In that regard, Campbell said, the district attorney's promise not to 
use pre-trial TASC evaluations against people is crucial. But he 
speculated that the promise might not be all-encompassing enough.

Defense lawyer Elaine Gordon voiced the same concern Friday.

"What if someone made a statement that dealt not with the current 
pending criminal charge but with a previous crime?" she wondered. 
"Would it be used against him?"

At the same time, Gordon and other attorneys agreed it can't hurt to 
get drug addicts into treatment as soon as possible.

"Drugs are the pervasive problem for criminal clients," said Gordon. 
"It is the main reason these people get in the trouble they do. We 
definitely have to look at any and all ways to help them."
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