Pubdate: Mon, 16 Sep 2002
Source: Savannah Morning News (GA)
Copyright: 2002 Savannah Morning News
Contact:  http://www.savannahnow.com/
Details: http://www.mapinc.org/media/401
Author: Jan Skutch, Savannah Morning News
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

JAIL-FREE, SUBSTANCE-FREE

For Felony Drug Offenders, This Court Program Offers A Second Chance At A 
Life Without Drugs -- Or A Criminal Record.

"How are you doing?" a cheerful James Bass Jr. asks the young woman before him.

"Good, good, good," he interjects in response to a positive reply.

Bass, Chatham County Superior Court judge, is not just exchanging pleasantries.

His audience each Tuesday morning consists of felony drug offenders trying 
to beat substance problems -- and stay out of jail.

This is Chatham County drug court, the county's experiment at treating and 
providing selected drug offenders support rather than jail, which almost 
makes them repeat offenders.

The program is intended to benefit the courts as well as offenders.

Drug offenders now account for more than one-third of the 1,159 felony 
cases in court here. Reducing those numbers reduces the court's trial 
burden as well as jail populations.

Now nearing its first anniversary, the court has a new infusion of funding 
to take in through another year, said court administrator Danny DeLoach, 
who helped put the program together.

Funding totalling $253,000 will enable officials to have 50 clients in the 
court by year's end.

The initial year has been limited to 30; anticipated funding did not 
materialize.

The Second Chance

Charlotte, 46, used crack cocaine off and on for the better part of 20 years.

She says she never used while her three sons were at home, but took it up 
after they left.

When she was arrested on a charge of possession with intent to distribute 
crack, she got a second chance -- four years in prison, one to serve, under 
the state's First Offender Act.

Had she completed her sentence without incident, her record would have been 
wiped clean.

Two urine tests were positive for drugs, or dirty screens, threatening to 
end her freedom. Before she could admit herself to a Gateway substance 
abuse program, her probation was yanked and she was back in jail.

"I wanted to get out of jail," Charlotte says. "I wanted to change my life. 
... I wanted more for myself."

She was chosen for a second chance -- complete the two-year drug court 
program or stay behind bars.

She has been clean of drugs or alcohol for nine months and makes it halfway 
through the program Nov. 1.

Under the program, Charlotte joins other offenders -- most are first-timers 
who lost their First Offender protection because they reverted to their old 
ways -- each Tuesday morning before Bass.

She attends Alcoholics Anonymous or Narcotics Anonymous groups three times 
a week, talks with drug counselors and maintains a job.

"If I pick up a drink or take drugs, I'm going to have to suffer 
consequences and go back to jail," she said. "I choose not to."

Mark Beberman is program manager and professional counselor for the program 
under Recovery Place of Savannah's substance abuse team.

"Most of them work the program really hard," he said. "Initially the threat 
of sanctions (jail) is what keeps them clean."

After being in the program, he said, "Its an internal motivation that keeps 
them clean."

The Judge

Weekly attendance in Bass's courtroom is mandatory. Failure to appear sends 
the offender to jail.

Bass interaction with his court's clients are central to the program's success.

Applause greets staying clean, or moving to the next phase. Clients 
frequently are called to the bench to discuss personal issues; others are 
summoned to Bass' chambers.

"See you next week," Bass generally ends individual sessions.

Part cheerleader, Bass constantly exhorts his clients to keep the faith. 
"Let's keep everything in perspective," Bass instructs one. "Keep that in 
mind."

To another, Bass touts the virtues of staying clear of his former 
companions as he battles his drug problem.

"Think, think, think," he advises.

When Charles, 21, complained that he felt police were picking on him,

Bass explained that people often make assumptions based on the appearance 
of another, suggesting that Charles consider changing his outward 
appearance as he has changed his inner self.

"I'm old enough to be your father," Bass said. "My preferences are different."

He also must render stern advice -- sometime sanctions as he tries to guide 
the group through two years of weekly court sessions and rehab.

The local court, the fourth felony drug court in Georgia, is one of seven 
felony drug courts in the state.

It is part of a national trend which began in Miami in 1989 under then 
Assistant State Attorney Janet Reno. Another six Superior Courts are 
looking at the program, including Bulloch County where one of planned by 
June 2003.

"Its been a learning experience for us too," DeLoach said.

Only one client has washed out -- that one, a woman who simply refused to 
comply with several second chances provided by Bass.

"The court's contract with each client calls for three strikes and you're 
out," Bass said.

But the jury remains out on the effectiveness of a hard-and-fast rule.

"Relapses are a common event," Bass says, adding that treatment 
professionals urge more flexibility.

"I really hate to lose anybody out of the court," Bass says. "It all 
depends whether that person has an honest desire to remain clean.

"It all gets back to the individual. These things happen."

Actually, Bass has a good feel for what is going on with each of people 
appearing before him Tuesday mornings

He meets with staffers the afternoon before to address performance.

He tells one woman he will try to get by the Bread & Butter Cafe for lunch 
where she is taking culinary classes.

He tells a man he plans to see the team he coaches.

"I try to adjust my own individual remarks to them," said Bass, who honed 
his legal skills over 18 years private practice, most of which was with 
Georgia Legal Services.

Those things that are too personal for public consumption are dealt with in 
chambers or at the judge's sidebar.

"That's part of our role -- to be a cheerleader, provide support," Bass 
said. "But at the same time, I have to impose sanctions."

Charles appears in court on crutches.

Rather than have Charles come to the bench to discuss his case, Bass leaves 
his perch and meets Charles him in the courtroom arena.

Charles explains he stepped on a nail at his job and will be off his feet 
for several days.

After court, Charles explains that he initially was sentenced to four years 
probation under the First Offender Act for possession of crack.

Charles says he was a marijuana user since age 14.

"I just wouldn't do what they told me to do," he says. "I just wasn't 
paying attention."

After a year, he had two dirty urines. Like Charlotte, he ended up back in 
jail, his probation revoked.

"This was a get out of jail ticket," he says of the drug court.

"In the beginning it as to stay out of jail," he said. It changed, "Because 
I want to be clean because I have responsibilities."

Those include a 2-year-old son who is staying with him.

He is completing a Fatherhood Initiative Program as Savannah Technical 
College, learning parenting skills he never before grasped.

Charles is working on his GED and this fall will begin an auto collision, 
auto technician classes at Savannah Tech, Charles says.

That will provide him with skills to leave his job as brick mason's helper.

Does he ever feel the urge to return to drug use?

"Every once in a while the thought does cross my mind," Charles says. "Now 
I've got the consequences of losing my child, not finishing schools and 
going to jail. "

The thought passes.
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MAP posted-by: Terry Liittschwager