Pubdate: Thu, 30 May 2002
Source: Star-Gazette (NY)
Copyright: 2002sStar-Gazette
Contact:  http://www.stargazette.com/
Details: http://www.mapinc.org/media/1005
Author: Jeff Murray
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

COUNTY TO START DRUG OFFENDER COURT

Program Works to Find an Alternative to Criminal System for 
Nonviolent Offenders.

Chemung County court officials hope to get nonviolent drug offenders 
off a carousel of substance abuse, arrest, jail time and more 
substance abuse.

The county is working with the New York State Unified Court System to 
create an adult drug treatment court, a concept that was introduced 
at the state level about 18 months ago.

A drug court blends criminal and family court proceedings with the 
human services resources in the community to more effectively treat 
drug users rather than just recycle them through the criminal justice 
system, said Kathi Chaplin, project manager for New York State Drug 
Treatment Courts.

"It brings a sense of participation and brings an opportunity for 
those of us in the criminal justice system to make a difference in 
people's lives -- a positive difference," Chaplin told a gathering of 
judges, lawyers, human service providers and others on Wednesday at 
the Chemung County Courthouse. "Drug courts save lives. Drug courts 
also save communities a lot of money."

New York state Chief Justice Judith Kaye created the Office of Drug 
Court Treatment Programs in October 2000 based on the success of a 
pilot program in Rochester. Since that time, Kaye's staff has worked 
with court officials across the state to set up drug treatment courts.

So far courts are up and running or in the planning stages in 59 of 
the 62 counties in New York. Schuyler County recently set up a drug 
treatment court and a similar court is in the works in Steuben County.

The numbers that underscore the need for a drug court are compelling, 
Chaplin said. In 1980, there were 27,407 drug arrests in New York 
state. That number was 145,000 in 1999, she said.

In addition, in 1980, 886 drug defendants were sentenced to state 
prison time. In 1995, that number was 70,895.

State Supreme Court Justice Judith O'Shea, administrative judge for 
the 6th Judicial District, asked Chemung County Judge Peter Buckley 
to work on establishing a drug treatment court in Chemung County.

"We don't intend to bring more cases in. These are the same clientele 
we are dealing with anyway," O'Shea said. "Drug court is not for 
violent offenders, and the other thing is we're not interested in 
dealers. It's for nonviolent offenders who are in the system because 
of a drug or alcohol addiction."

Under the program, the only additional person needed in each county 
would be a state-funded coordinator, Chaplin said. Teams of 
prosecutors, defense attorneys and judges would evaluate each case 
and decide whether a particular defendant is appropriate for drug 
court.

The program is voluntary, and the district attorney would have the 
final say whether the case should go to drug court or not. Once a 
defendant is assigned to drug court, his or her progress would be 
monitored by the judge, who could order jail time or other sanctions 
for violating conditions of the program, as well as rewards for 
compliance.

In drug courts, prosecutors don't judge their successes by the number 
of convictions they earn, and defense attorneys don't aim simply to 
have criminal charges dropped, Chaplin said. The ultimate goal of all 
participants is to help the client to a drug-free, productive life, 
she said.

To graduate from the program, clients must not take drugs or drink 
alcohol for a year, Chaplin said. They also must have a high school 
diploma or general equivalency diploma and either be employed or 
enrolled in a higher education program.

In addition to substance abuse services, the court will help to 
coordinate education, financial and family counseling and health 
services to help clients overcome obstacles.

It will take close to a year to establish the program in Chemung 
County, Chaplin said. All participants will take training courses 
offered by the state.

Not everyone is sold on the program. Chemung County District Attorney 
John Trice is concerned about what costs might be associated with 
drug treatment courts, even though Chaplin assured that there would 
be no local costs involved.

The concept is also nothing new locally, Trice said.

"It's my feeling that what she's talking about is what we've been 
doing for years," Trice said. "The system is flexible enough that if 
anybody deserves treatment, we can make it happen. What we have here 
is more structure, more people involved in making that decision. The 
big question is, Is there money to fund a project like this? That 
will be important for our community."
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