Pubdate: Mon, 05 Jun 2006 Source: Deseret Morning News (Salt Lake City, UT) Copyright: 2006 Deseret News Publishing Corp. Contact: http://www.desnews.com/ Details: http://www.mapinc.org/media/124 Author: Linda Thomson Bookmark: http://www.mapinc.org/find?159 (Drug Courts) Bookmark: http://www.mapinc.org/testing.htm (Drug Test) Bookmark: http://www.mapinc.org/rehab.htm (Treatment) UTAH JUDGE WAS FIRST TO SEE HOW DRUG COURT COULD RESTORE LIVES When it comes to people who break the law by doing illegal drugs, the solution often is to lock them up. But a decade ago, 3rd District Judge Dennis Fuchs heard a presentation about a different approach: drug court. Dennis Fuchs Fuchs didn't invent it -- that honor goes to former U.S. Attorney General Janet Reno when she worked as Dade County's top prosecutor in Miami, Fla. However, Fuchs was the first Utah judge to embrace the idea and he has conducted drug court ever since. The idea caught on, and now there are drug courts throughout the state. It's a different animal than regular court, a "stick-and-reward" approach, as Fuchs describes it. The criminal defendants who qualify and who opt for the program must follow a strict program of rehabilitation and, if successful, can wipe the slate clean with a "plea in abeyance" that removes that crime from their record. But anyone who messes up can be booted back to a traditional court process and potentially faces jail or prison if convicted. It has been proven nationwide that drug courts work, Fuchs said. "It's definitely more restorative justice. Those individuals who reluctantly enter into treatment because of a court order, if kept in treatment long enough, get the idea and start working with the treatment to address the disease," he said. "Many of those individuals were given the same opportunities for treatment before, but without that stick and that reward, have a tendency to forget they have a disease and not take treatment as seriously." Felony drug court is usually open to criminally charged individuals who have no history of violence or drug dealing, and who are in the United States legally. There also is juvenile drug court for for young people who are substance abusers and dependency drug court for parents whose addiction makes them unfit to care for their children. Salt Lake County Criminal Justice Services, which offers a variety of programs including help for those in drug court, conducts an assessment of each individual, according to clinical director Becky Barnett. Drug court is rigorous and usually involves outpatient treatment, sometimes inpatient treatment, attendance at substance abuse groups, individual and/or family counseling, random urine tests, community service and frequent court appearances so the judge can be updated on an individual's progress. Barnett said her agency also provides other programs: a class to improve communication skills, a cognitive restructuring class to change the way one thinks and learn to make more positive choices, a one-time drug education class, a one-time HIV-AIDS awareness class, acupuncture, and an after-care program. "It's quite structured," Barnett said. "It takes some work. If they're not ready to graduate (in an year), we extend it. If they start using again, they must have six months of 'clean time' before they can actually graduate. "The whole philosophy is to provide support, treatment and help to assist them in leading more productive and sober lives," Barnett said. Participants are expected to pay for their drug court treatment. If they are indigent, they can do community service in return for the help. The requirements are somewhat different, but in many ways just as tough for those going through the juvenile drug court, according to 3rd District Juvenile Judge Kimberly Hornak. Among other things, motivational speakers are invited to give talks, including police, people from the medical examiner's office, members of Mothers Against Drunk Driving and others. "One of the comments we hear often from kids and parents is that one of the best parts of the program is hearing first hand the effects of substance abuse." In addition, the young offender must write his own obituary citing drug use as the cause of death, unless the youth is suffering from depression and this could turn out to be counter-productive or even dangerous, Hornak said. "We are very sensitive about ordering that." Random drug tests, frequent court visits, counseling and educational programs are all part of the package. In juvenile court, there are participants who have just dabbled in drugs but have not become addicted yet. "That is good, because we can get to them before they get to that point," Hornak said. "I believe if we try to stop juveniles soon enough before they become addicted, it would help." - --- MAP posted-by: Beth Wehrman