Published: January 23, 2008 12:30 am      

Drug court viewed as incarceration alternative

Glasgow — With county jails across the state bursting at the seams, alternatives to incarceration are getting some attention. Drug court, an intensive rehabilitative program, is one such alternative.

“There is certainly a place for jails and prisons. But there is also a middle ground defendant who may not need prison. We fill in in that continuum,” says Connie Payne, general manager of Kentucky Drug Court.

Payne, who served as a prosecutor for 10 years, calls drug court “a holistic approach” to treating addiction.

Drug courts originated in south Florida during the 1980s as an alternative to traditional case processing of nonviolent drug offenders. With no end in sight to the drug epidemic sweeping the nation, today, more than two decades after its inception there are more than 1,000 drug courts across the U.S.

“It’s not a get out of jail free card,” or “hug a thug program,” said Phil Patton, circuit judge for Barren and Metcalfe counties.

After witnessing first-hand the devastation of drug addiction in his own community, he says he recognized the need to explore other options.

“I had seen as a prosecutor and a judge we couldn’t incarcerate our way out of the problem,” said Patton. “The more I looked into it the more excited I became,” he added, saying most of the clients enrolled in the program are good people who have simply made bad choices.

Like other jails across the state, a high percentage of the population at the Barren County Correctional Center are inmates serving sentences for drug and alcohol-related crimes. Barren County Jailer Leland Cox estimates around 85 percent of the inmate population at the jail have substance abuse problems. With not enough beds available, about 40 of the inmates sleep on mats on the jail floor.

Drug court not only frees up space in jails and prisons for society’s more dangerous or violent criminals, it gives addicts a second chance at life, say advocates.

To be eligible, participants must be nonviolent, first-time felony offenders arrested for simple possession of small amounts for personal use. Drug traffickers are not eligible for the program.

Drug court clients must remain drug and alcohol free, commit no crimes and be randomly drug tested three to six times per week. In addition, they are required to attend substance abuse counseling, be employed or perform community service and attend four Alcoholics Anonymous or Narcotics Anonymous meetings per week.

Participants who have pleaded guilty to the drug charges are subject to random home checks, required to remain current on child support obligations and must appear before the judge weekly to review progress.

Each person must complete residential treatment if required, submit to a curfew and is expected to work toward obtaining a GED if he or she has not already completed high school.

Graduated sanctions ranging from community service to jail time are imposed on participants who violate one or more of the criteria. Any new drug charges or failing a drug test results in automatic dismissal, and the original prison sentence is imposed on participants who wash out.

But for those who successfully complete the one- to two-year program, the guilty plea is set aside.

“I have been amazed at the success of the program,” Patton said. “With treatment, it works.”

Drug courts present a significant cost savings for the state. Nationally, the average annual cost per person is around $3,500 compared to the $13,000-$17,000 it takes to incarcerate someone for the same length of time in jail or prison, according to Payne.

The Administrative Office of the Courts estimates one year in drug court costs the state one-third the cost of a year in jail and one-fourth the cost of one year in prison.

Payne points to additional costs savings to the state in the form of drug-free infants that don’t require added medical attention at birth, as well as the money collected by drug courts across the commonwealth. To date, more than $2 million has been collected in the form of child support, restitution and fees, Payne said.

“It’s a team effort among all the players in the criminal justice system,” she added, saying judges in particular volunteer their time with no reduction in their caseloads or additional pay.

Studies show that without treatment a high percentage of drug offenders will relapse, creating a revolving door in jails and prisons. Recidivism rates among drug court graduates are considerably lower than those of other drug offenders. A University of Kentucky study found drug court graduates to be 70 percent less likely to commit new offenses than those jailed without treatment.

“It’s a great use of taxpayers’ money,” said Patton.

Drug courts have been established in the majority of jurisdictions throughout the state. “Slowly but surely, we’re adding them,” said Payne. Ten new programs were added recently and at least six others are expected to become operational the first part of this year, she said.

STACY L. NEITZEL writes for the Glasgow Daily Times. She can be reached at sneitzel@glasgowdailytimes.com or (270) 678-5171.



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