Pubdate: Fri, 23 Nov 2007
Source: News-Enterprise, The (Elizabethtown, KY)
Copyright: 2007 News-Enterprise
Contact:  http://www.newsenterpriseonline.com/
Details: http://www.mapinc.org/media/1663
Author: Bob White
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

SUPREME COURT RULES AGAINST DRUG COURT

Says Amending, Extending Sentences Is Uncontitutional

FRANKFORT -- Not unlike dozens of other Hardin County Drug Court 
candidates, Amanda R. Gaddie chose the rigorous get-clean program 
over jail time when a judge threatened revocation of her 90-day 
probated sentence for a 2003 drug possession conviction.

But when she failed to show up for the first day of Drug Court, 
Gaddie faced consequences far greater than her original 90-day sentence.

Because of her failure to comply with the strict Drug Court regimen, 
she was sentenced to the maximum for a misdemeanor drug crime -- 12 
months in county jail.

Amending probated sentences by extending jail stays has been the norm 
since Hardin County Drug Court began, but that will change now since 
the Kentucky Supreme Court on Wednesday found such action by the 
court to be unconstitutional.

Justices, in making their affirmation of a Court of Appeals decision 
from six months ago, cited the Constitution in their written opinion.

"Upon a finding of guilt, (a convict) is entitled to have his 
sentence fixed with certainty and finality.  Constitutional 
restraints prevent subsequent enhancement," the court's opinion stated.

Wednesday's state Supreme Court opinion will prevent Hardin County 
Drug Court from amending and extending original sentences in the 
future, but First Assistant County Attorney Jenny Pitts said the 
ruling won't negatively affect the Drug Court program.

According to Pitts, the enhanced sentences were made as a stipulation 
to convicts' enrollment in Drug Court to ensure their seriousness 
about quitting drugs. She said Drug Court candidates still might be 
leveraged into successful completion of the program by either 
increasing the original probated sentences to 12 months instead of 90 
days, or through a complete withdraw of the initial guilty plea.

The decision will not produce a mass exodus from the jailhouse 
though, she said.

"When the Court of Appeals ruled against us six months ago, we 
amended those 12 month sentences back to 90 day sentences and let 
them out (of jail)," Pitts said.  "This just means they won't be going back."

Shane Young, the attorney who won the appeal for Gaddie, said the 
decision merely was a procedural matter for Drug Court to reassess. 
He talked highly of the Drug Court concept.

"Drug Court is probably the most important advance in court 
procedures," he said. "Lives get changed, people get their kids back, 
it's huge." 
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MAP posted-by: Richard Lake