Pubdate: Thu, 11 Dec 2003
Source: Neshoba Democrat, The (MS)
Copyright: 2003 The Neshoba Democrat
Contact:  http://www.neshobademocrat.com/
Details: http://www.mapinc.org/media/1774
Author: Debbie Burt Myers, Managing Editor

JUDGE: DRUG COURT IS NOT EASY ON CRIME

An alternative court system designed to save tax dollars and
rehabilitate non-violent drug offenders was unveiled by a circuit
judge here last week.

Some high-ranking state officials, including the chief justice of the
state Supreme Court and the State Auditor, were among the 300 regional
leaders attending the overflow event held at the Pearl River Resort
Dec. 2.

Circuit Judge Vernon R. Cotten of Carthage has proposed the drug court
for the 8th Circuit District that includes Neshoba County that he
hopes to have established by Jan. 1.

Cotten brought in a circuit judge from Pike County who has run a
successful program since 1999 to explain the details. Ten other
judicial districts in the state use a drug court.

Proponents of the drug courts, including State Auditor Phil Bryant who
was in attendance, say the alternative system costs less than sending
non-violent offenders to the penitentiary and the rehabilitation
salvages lives.

Reaction by the district attorney and other Neshoba countians who
attended was favorable.

Prosecutors and law enforcement officers are consulted about who may
be referred to the program and can reject applicants and pursue full
prosecution. Drug sellers, drug dealers and violent offenders are not
eligible.

There are other exclusions and eligibility criteria set out in state
law.

Cotten will seek the estimated $170,000 in funding needed from Neshoba
and the other three counties that make up the judicial district.

So far no financial commitments have been obtained, officials said,
but the focus of their efforts has not been money initially, they said.

Choctaw Tribal Chief Philip Martin has openly pledged his support and
was among the speakers at the hour and a half long
presentation.

Drug court participants undergo long-term treatment and counseling,
sanctions, incentives, and frequent court appearances.

Successful completion of the treatment program results in dismissal of
the charges, reduced or set aside sentences, lesser penalties, or a
combination of these. Most importantly, graduating participants gain
the necessary tools to rebuild their lives.

Cotten described the concept as revolutionary.

"This is no small thing we are doing here tonight. This is about
saving fallen people. It will be felt for generations to come. It will
be a permanent part of our culture," he told the more than 300 people
in attendance.

Cotten said he would model the drug court for Leake, Neshoba, Newton
and Scott counties after the one in Pike County.

Circuit Judge Keith Starrett of Pike County, one of the pioneers of
the drug court in Mississippi, said the system was not "soft on crime
or a hug-a-thug program" but a way to make communities safer with
fewer addicts on the streets committing crimes. An active drug addict
will commit an average of 50 felonies per year to support his drug
habit, he said.

Starrett outlined the key components of a drug court, noting that the
defendant must plead guilty and enroll in the program within seven
days of his arrest:

Other components:

. Drug court participants report to a drug court probation officer
three times a week: once for court and twice for drug testing.

. Phase I: Successfully complete a drug treatment program at his own
expense.

. Phase II: Appear before the court once a week; attend two AA/NA
meetings per week; one after-care meeting per week; pay all fines,
restitution and fees in full. Phase II is a minimum of 12 months.

. Phase III: Appear before the court once monthly; attend two AA/NA
meetings per week; one after-care meeting per week. Random drug
testing every seven to 10 days. Phase 3 is a minimum of 12 months.

. Phase IV: Participant must stay drug and alcohol free with no
re-arrest to complete this phase. Home visits and job visits are made
periodically.

There are two ways out of drug court: graduate or go to the
penitentiary, Starrett said.

"It's a heavy hammer hanging over their heads because everyday they
are subject to being sent to the penitentiary," he said.

Oftentimes, a defendant chooses to go straight to jail because the
drug court is too tough and intensive, he said.

Starrett said taxpayers also benefit from the drug
court.

Drug court treatment is cheaper than imprisonment. The estimated
annual cost to operate the drug court in the 14th District is less
than $5,000 per participant, compared to $16,757 per inmate housed in
the Department of Corrections.

The volume of drug crimes and the influence of drugs in other crimes
convinced Cotten of the need for an alternative to traditional prison
sentences for drug addicts.

Locking up drug addicts doesn't cure addiction, Cotten
said.

"The scenarios are the same: the defendant pleads guilty to possession
of a controlled substance and acknowledges being hopelessly addicted
to drugs. Or they plead guilty to theft crimes such as burglary of an
automobile, business or home. When I ask why, they tell me they are so
controlled by their addiction that they steal to get money to buy
drugs. Their lives have been decimated by drug addiction."

Chief Phillip Martin told those at the meeting that he, too, supported
a drug court.

The tribe is building a new complex to deal with law enforcement
problems, he said, and a new court and juvenile detention center to
try to turn young people around at an early age.

"We don't want anyone to be addicted to anything," Martin said. "We
try to pound in young people's heads that once they get a felony on
their record, it is hard to make it in this world."

Choctaw Tribal Supreme Court Chief Justice Rae Nell Vaughn described
drug abuse as an illness.

"Alcohol, drugs and violence know no jurisdictional boundaries. It
will take all of us to make a difference," she said.

Cotten said he was overwhelmed by the large attendance at the public
meeting, calling it a referendum on how the people of the 8th District
feel about drugs.

"I pledge to you tonight, that I am committed to this. This is what I
want to do. I believe in it. It is right and your being here tonight
is ample testimony that you believe in it, too. You know that this is
not about things and possessions. This is about people. This is about
lives."

The first drug court began in Ridgeland Municipal Court in 1995 and
was followed four years later with the first felony drug court created
by Starrett in the 14th Circuit Court district.

In April, Senate Bill 2605 was signed into law by the governor and
went into effect July 1 authorizing drug courts.

"I think this is the beginning of a good thing for a lot of people who
need this kind of help, and I'm glad we were able to host this as a
start," Martin said.
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MAP posted-by: Richard Lake