Pubdate: Sun, 25 Nov 2001 Source: Asbury Park Press (NJ) Copyright: 2001 Asbury Park Press Contact: http://www.injersey.com/app/ Details: http://www.mapinc.org/media/26 Author: Carol Gorga Williams, Toms River Bureau DRUG COURTS SOON TO BE IN SESSION They have the judges, they have the money and they're virtually guaranteed to have plenty of clients. Beginning next year, drug courts will come to Ocean, Monmouth and four other counties, giving hard-core drug addicts what proponents call their best chance to get clean and stay that way. Acting Gov. DiFrancesco in September signed legislation that allocated $14.7 million for the program. The money will pay the salaries of six drug court judges, and provide funding to the state Administrative Office of the Courts to run the programs and to the Division of Addictive Services in the state Department of Health and Senior Services. The bulk of the money -- $10 million -- will go for extensive substance-abuse treatment of the clients, officials said. It is not known how much money Monmouth and Ocean counties will get from the program. But each will receive $260,377 to fund aspects of the program from Jan. 3 through June 30, said John Wieck, manager of criminal court services within the state Administrative Office of the Courts. Drug courts also are scheduled to begin in 2002 in Bergen, Hudson, Gloucester and Morris counties. Beginning Jan. 3, each court must advertise for and hire staff who need to be in place by April, when the programs begin seeing "participants" or "clients." They are not called "defendants," as in criminal court, because adversarial relationships are abandoned in drug court. Initially, the program in Ocean County will serve 110 people, said James J. Kelly, who manages the criminal division for the county. "We are still planning how we are going to operate the program." Superior Court Judge Peter J. Giovine, the county's presiding criminal court judge, will take over the drug court as well, Kelly said. Sen. Robert W. Singer, R-Ocean, said, however, that he understands the new drug court judge will be Darlene J. Pereksta of the Ortley Beach section of Dover, who serves as deputy chief of staff in the governor's office. Pereksta was confirmed by the Senate Oct. 3 for a "drug-court" seat, but often the judgeships are moved around within the county later. Judge Paul F. Chaiet will preside over drug court in Monmouth County, which also will have 110 participants to start, officials said. Treatment emphasized Although they vary widely in how they operate from one jurisdiction to another, drug courts implement one basic philosophy: Use intensive supervision and positive reinforcement to get and keep addicts off drugs, and they will return to productive lives. Participants are helped to get sober and obtain high school diplomas or high school equivalency certifications, find and keep jobs, and develop mentor relationships with someone in their communities. They are ordered to undergo regular drugs testing, often more than once a week, and a failure to appear for any court hearing or drug test can result in an immediate bench warrant and a stay in the county jail. Who gets into drug court? Those addicted to drugs or alcohol whose criminal record includes no violent offenses and minimal drug charges involving distribution within a drug-free school zone. Although each jurisdiction must determine what constitutes a minimal number of drug charges, some have chosen two offenses. The Administrative Office of the Courts is so enamored of the drug- court phenomenon that it plans to have such programs in all 21 counties within two years. At a hearing in April of the Senate Budget and Appropriations Committee, state Appellate Court Judge Richard J. Williams, who is on leave from the bench to serve as chief administrator of the office of the courts, told lawmakers the drug court program in place in five counties steers nonviolent offenders away from prison time. Court called cheaper Williams said drug courts may help reduce the disproportionate number of minorities in the state's prison system because 80 percent of the minor offenders are black or Hispanic. He said drug court is cheaper for taxpayers because treating offenders is about half as expensive as imprisoning them. It costs $34,218 to keep someone in state prison for one year. Counseling and treatment ordered through the drug court program, which includes six months in an inpatient program, costs $17,266 the first year. And although the start-up is expensive, if the goal is to restore lives and improve social ills, not just to move offenders in and out of the prison system, it is worth it, Wieck said. "In the long run, we hope it will be cheaper," Wieck said. "People will be getting jobs, paying taxes. The long-term benefits outweigh the early costs." The evidence so far is that the treatment keeps offenders from returning to drug use and from becoming involved in additional crimes, according to the Administrative Office of the Courts. Drug courts allow nonviolent offenders with addictions to enter a program of judge-monitored treatment and counseling. The counseling component can sometimes last years. Pioneered in Miami in 1989, drug courts have shown success in preventing recidivism, proponents say. According to a December 2000 report from the Administrative Office of the Courts, these are the benefits so far of drug court programs throughout the nation: More than 1,000 babies that would have been born addicted to drugs have instead been born drug-free, saving $250,000 in medical costs per infant. 3,500 parents in the program have regained custody of their children. 4,500 drug court participants have started or returned to paying child-support obligations. 73 percent of drug court participants have retained or obtained jobs. Court has detractors Not everyone supports the drug court program. Private defense attorneys are concerned that many participants will opt to use the services of public defenders since there is no need for a trial. Some opponents say the program costs too much and benefits too few. A judge earning $115,000 will supervise about 100 people when the job could be done by a probation officer earning less than half that, objectors say. Critics say there is nothing new or innovative in the programs and charge that proponents are marketing their needs differently to get state or federal funds to help run the court system. James M. Waters, president of the Lakewood/Ocean County Chapter of the National Association for the Advancement of Colored People, has other concerns. He suggests that before a drug court gets under way in Ocean County, some sort of study is necessary to determine the fairness of state laws that provide for higher penalties for those caught with drugs near schools, parks and other recreational areas. Because Lakewood has so many parks and schools, the drug-free zones in the town basically constitute the entire town, making people caught with drugs in Lakewood vulnerable to higher sentences, he said. "Why should there be a separate penalty, if you are caught in Lincroft or Deal or even Brick?" Waters asked. "It has to be fair and equitable. We've got to find a way a youngster in one town is not to be punished differently from a youngster in another town. "We need a society that represents fairness and equality for everyone," Waters said. "That is why I basically feel representatives from different minority groups need to be involved. I think some of the punishment we have right now is not equal and fair across the board." Singer, the state senator, sees no need to change the laws. "Don't buy or use drugs in Lakewood," Singer said. "I have no problem with that message. Should other municipalities catch up to us? Yes. The Legislature passed drug-free school zones to let pushers know that selling drugs near our children, our most treasured resource, would be vigorously prosecuted. I don't want to water that down in any form or way." First Assistant Ocean County Prosecutor Terrence P. Farley, who runs the county Narcotic Strike Force, said that his job is to implement the statutes set by the Legislature, not to tinker with them. "The statutory edicts will have to be maintained unless the court is going to somehow override the wishes of the Legislature," Farley said. "I would be surprised if any law enforcement or legislative group looks to revise the drug-free zone, at least in a downward manner." - --- MAP posted-by: Rebel