Pubdate: Thu, 08 Jul 2004
Source: Lexington Herald-Leader (KY)
Copyright: 2004 Lexington Herald-Leader
Contact:  http://www.kentucky.com/mld/heraldleader/
Details: http://www.mapinc.org/media/240
Author: Bill Estep

SOME FAILURES INEVITABLE IN DRUG COURTS

Officials: Program Is Successful

WHITLEY CITY - It didn't take long for a McCreary County woman to get
in trouble after she got a chance to stay out of prison on drug charges.

On June 28, Missie Lou Tucker was sentenced to successfully complete a
drug-court program and be on probation for two years, in lieu of a
10-year sentence for selling prescription painkillers.

On June 29, a sheriff's deputy noticed Tucker was shaking and
"appeared very nervous" as she sat in her car on a rural road; he
charged her with drug possession after finding two OxyContin pills in
her purse, according to a citation. She will be arraigned today on the
new charge.

Commonwealth's Attorney Allen Trimble said it's not surprising that
someone assigned to drug court was accused of being involved in drugs.

The program is aimed at trying to rehabilitate people with drug
problems, and a good many won't succeed in breaking away from their
powerful addictions, he said.

"You're talking high-risk people who have gotten into a high-risk
problem," Trimble said.

In fact, there may be more people who fail than succeed under the
intensive supervision and drug testing in the program, Trimble said.

Still, he said, the effort is worth it. Some people will make it
through and become productive members of society, which is better than
warehousing them in prison at a much higher cost, Trimble said.

Judges and others who have been involved with drug courts say there is
no question the program has potential to help people.

Connie Payne, head of the drug court program for the state
Administrative Office of the Courts, said only 8 percent of the people
who have graduated from drug courts around the state get charged with
a new felony within a year.

By comparison, 26 percent of the people put on probation in Kentucky
get arrested for a new felony within a year of finishing probation,
Payne said.

There is a screening process for people to be admitted to the
drug-court program, and not everyone is accepted. But if officials
didn't let in people they didn't think could succeed, the program
wouldn't be reaching the drug abusers who really need help, Payne said.

There are 55 counties in Kentucky with some form of drug court,
according to the administrative office. The first was started in 1993.

The state wants to expand the program. Drug courts are likely to be a
key element of the plan to fight substance-abuse being developed by
Gov. Ernie Fletcher's administration.

Trimble said there is a misconception that drug court is a "get out of
jail free card." That's not true, he said, because if people don't
stick with the program they go to jail.

It's too soon to say that Tucker, 32, hasn't succeeded in drug court.
She got arrested before she'd started.

Tucker, who could not be reached yesterday, was indicted in July 2003
on three charges of selling prescription painkillers and one charge of
taking part in a criminal syndicate. In September 2003, she was
indicted on new charges of selling painkillers while in possession of
a pistol.

Under an agreement with Trimble's office, she pleaded guilty to
selling drugs under both indictments in return for a combined total
sentence of 10 years. But the sentence was to be withheld while she
was put on probation for two years and ordered to complete drug court,
according to court documents.

Circuit Judge Paul Braden also imposed a number of other conditions,
including that Tucker not commit another offense, work if possible,
and not possess or use alcohol, marijuana or any controlled substance.

Trimble said several residents complained to him that Tucker was still
dealing drugs even on the day she was sentenced. He had talked to
police about the complaints and asked them to keep an eye on the
situation, Trimble said.

Trimble said Tucker will be allowed to continue in the drug court
program while the new charge against her makes its way through court.
In fact, she attended a session yesterday, he said.
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