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US AR: Drug Court Program Offers Second Chance
URL: http://www.mapinc.org/drugnews/v04/n1172/a07.html
Newshawk: Herb
Votes: 0
Pubdate: Sat, 14 Aug 2004
Source: Daily Citizen, The (AR)
Copyright: 2004 The Daily Citizen
Contact: publisher@thedailycitizen.com
Website: http://www.thedailycitizen.com/
Details: http://www.mapinc.org/media/2046
Author: Kirk Dickey
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)
DRUG COURT PROGRAM OFFERS SECOND CHANCE
the Option Is to Get Clean or Go to Jail, and Many Are Finding They Can
Succeed
The man, let's just call him David, walks up to the microphone, puts his
hands in his front pockets and rocks back and forth on his heels as he
speaks to the judge.
The judge asks about the man's work, his wife and life in general. The men
laugh at David's jokes and chit-chat about his daughter needing help with
her vocabulary homework.
The conversation is fairly easy, but there is obviously an elephant in the
room. David recently got out of a four-month stretch in a regional
punishment facility, a cross between a halfway house and prison.
He is facing up to a decade in prison if he tests positive for drugs again.
This is his last chance in the 17th Judicial District Drug Court and says he
will stay clean for the rest of the program.
"There is no doubt that I will," he says after his weekly court appearance.
"I didn't like 120 days ( in RPF ) and I know I am not going to like 10
years ( in prison )."
David, whose real name is being withheld to protect his privacy, is one of
eight White County "clients" currently participating in the drug court, an
intensive drug treatment program being offered by judicial districts across
the state.
The program mixes group therapy and individual counseling with regular drug
testing to try to give the drug addict as much support as possible kicking
the addiction. If completed, the client will have the related charge
expunged from his or her record.
Similar programs have worked well in other parts of Arkansas and around the
country. Recidivism rates as high as 50 percent drop to 4 percent for
people who complete a drug court program.
The Program
The drug court system in Arkansas started as a pilot program in Little Rock
in 1993. That program showed promise and the legislature funded the
formation of similar drug courts around the state in 2003.
Each judicial district was given the opportunity to start a drug court
program, and all but a few did. The 17th Judicial District began its
program in November 2003.
Each district has a "drug court team" consisting of a judge, probation
officials, a drug counselor and an area supervisor. The team meets with its
clients at least once a week initially, then relaxes that schedule as the
program progresses.
Prosecutors make an initial assessment of a possible drug court participant,
examining case files to determine if a defendant is eligible for drug court.
The prosecutor's office looks at the defendant's crime, its circumstances
and his or her criminal history.
Deputy Prosecutor Rebecca Reed said the program is designed to help people
whose addiction has led to a life of crime.
"When we get the case files of people who have been arrested for felony hot
checks or breaking and entering, the underlying problem might be an
addiction," Reed said. "People who recreationally smoke dope on the
weekends are not who we look for."
An average drug court client is a first time offender arrested for a
non-violent crime, although Judge Craig Hannah said the program could accept
a person with a previous record. However, Hannah said, that person cannot
have been charged or convicted for any violent offense, sex crime or drug
manufacturing or distribution.
They have to have transportation, to be able to meet everyday either in
court or with the drug court team. They must have a high school diploma or
be willing to work toward a graduation equivalency diploma. And they also
must be employed or be willing to become employed.
Hannah said an understanding employer helps, because he or she must give
their employee time to complete the drug court requirements. It is a major
commitment, and an employer has to be willing to work with the offender.
Some drug clients have even needed to find other employment so they can live
up to their end of the drug court bargain, according to Department of
Community Correction Area Three Manager Jim Nance.
Nance oversees drug courts in White, Independence and Prairie counties and
said all of the program's requirements are laid out for the offender before
he or she can make the decision to be part of the drug court. Once they are
in the program, they must comply with all of its rules and requirements or
risk going to prison.
"They have to make that decision on the front end with their lawyer," Nance
said. "There is no choice but to follow the program."
If the offender decides to go forward with the drug court, they are sent to
a drug counselor for screening to determine if they are the right fit for
the program. Drug Counselor Susan Hathcote gives the potential client a
written assessment and talks with them about their substance abuse history.
"( The assessment ) tells us if that person can hack the program," Nance
explained.
If Hathcote determines the offender is an addict and believes they are
willing to tough out the program, he or she is allowed in, assuming, of
course, that the prosecutor's office and judge agree.
"There is some subjectivity to it," Hannah said. "Sometimes, we don't feel
like a person can complete the program after just talking to them."
But for those who make it into drug court, the work is just beginning.
The person must plead guilty to his or her charges in court. They can then
be transferred to drug court. The offender's sentence is withheld pending
the completion of drug court. If the person completes drug court, the
charge is expunged from the record.
For those people who do not complete drug court, the program acts as if
probation has been violated. The people are then sentenced to time,
possibly in the state penitentiary.
"It's a fast track to prison if you are not willing to give up the drugs,"
Nance said.
Drug court probation officer Tiffany Jackson supervises the clients
throughout the program. She makes unannounced home visits, during which the
client's residence may be searched. And she works with the other drug court
members to administer regular drug testing.
Hannah and the drug court team typically meets every Monday to discuss the
various cases to see if anyone has been having problems in the program. And
then the judge talks to the clients in court.
"If they have a problem, then we will address that problem,"
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On Wed, 18 Aug 2004 00:34:48 -0700, "Mark2101" <Markss2101@cox.net>
wrote:
US AR: Drug Court Program Offers Second Chance
URL: http://www.mapinc.org/drugnews/v04/n1172/a07.html
DRUG COURT PROGRAM OFFERS SECOND CHANCE
the Option Is to Get Clean or Go to Jail, and Many Are Finding They Can
Succeed
There's a third option - END the idiotic, fascistic, "drug
war" and just leave these people alone.
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On Wed, 18 Aug 2004 00:34:48 -0700, "Mark2101" <Markss2101@cox.net>
wrote:
There's a third option - END the idiotic, fascistic, "drug
war" and just leave these people alone.
True!
Mark
"The War on Drugs was never, ever about drugs,
it's about bigotry. You can change the law,
but changing the prejudice and fear of bigots who hide
behind drug war rhetoric is a far more challenging task.
It's time to expose the Drug War and the bigots who
promote the ideology of "Zero Tolerance."
-- Steve Kubby, 1998 Libertarian candidate for
Governor of California
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On Wed, 18 Aug 2004 04:58:13 -0700, "Mark2101" <Markss2101@cox.net>
wrote:
True!
Mark
"The War on Drugs was never, ever about drugs,
it's about bigotry. You can change the law,
but changing the prejudice and fear of bigots who hide
behind drug war rhetoric is a far more challenging task.
It's time to expose the Drug War and the bigots who
promote the ideology of "Zero Tolerance."
-- Steve Kubby, 1998 Libertarian candidate for
Governor of California
I'd tend to list "bigotry" as a secondary or even
tertiary consideration. Yes, there's definitely an
element of keeping the poor people down, but the
main reasons the drug war persists are mostly to
do with MONEY. The 'war' is now an INDUSTRY with
many profitible branches.
One of the original reasons for the 'war' still
exists also ... remember the Iran/Contra/Cocaine
black-ops stuff ? NOWDAYS they can slip money
into the pockets of friendly dictators and
generals as "drug interdiction" cash. Of course
the accounting gets kinda fuzzy once it leaves
our shores ...
Finally, there's all-American PURITANISM. The idea
that somebody, somewhere, may be having a good time
just makes some people nuts. Alas, they tend to be
noisy, well-connected and heavy on the campaign
donations. Lesser degrees of puritan paranoia affects
the "soccer moms" and such - who are easily convinced
that they're 'helping' their kids by giving them a
felony rap - just to save them from smoking a doob.
The 'bigotry' ... maybe factor #4 or #5. In any event,
the drug war serves MANY interests - but clearly it
has absolutely nothing to do with "drugs". "Drugs"
are just the excuse, kinda like the pinkos under the
beds in the 50s. Political McCarthyism has become
"Chemical McCarthyism".
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On Wed, 18 Aug 2004 04:58:13 -0700, "Mark2101" <Markss2101@cox.net>
wrote:
I'd tend to list "bigotry" as a secondary or even
tertiary consideration. Yes, there's definitely an
element of keeping the poor people down, but the
main reasons the drug war persists are mostly to
do with MONEY. The 'war' is now an INDUSTRY with
many profitible branches.
One of the original reasons for the 'war' still
exists also ... remember the Iran/Contra/Cocaine
black-ops stuff ? NOWDAYS they can slip money
into the pockets of friendly dictators and
generals as "drug interdiction" cash. Of course
the accounting gets kinda fuzzy once it leaves
our shores ...
Finally, there's all-American PURITANISM. The idea
that somebody, somewhere, may be having a good time
just makes some people nuts. Alas, they tend to be
noisy, well-connected and heavy on the campaign
donations. Lesser degrees of puritan paranoia affects
the "soccer moms" and such - who are easily convinced
that they're 'helping' their kids by giving them a
felony rap - just to save them from smoking a doob.
The 'bigotry' ... maybe factor #4 or #5. In any event,
the drug war serves MANY interests - but clearly it
has absolutely nothing to do with "drugs". "Drugs"
are just the excuse, kinda like the pinkos under the
beds in the 50s. Political McCarthyism has become
"Chemical McCarthyism".
In the modern WOD this is all true. But the 'bigotry' is still the root
cause. Thus I tend to point this out more.
Mark
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