Why do drug courts exist? What makes a drug court? How do drug courts work? Why are drug courts effective? And what are the benefits of drug courts?
Cook County Attorney Molly Hicken answered all of these questions when she appeared before the county board on May 24 and gave a presentation about the plans to establish a drug court in Cook County by the end of September 2016.
Sitting in the audience were several members of a committee that has been working with Hicken since February. They are Sixth Judicial District Judge Michael J. Cuzzo, Cook County Probation Officer Steve Borud, outpatient treatment services for chemical assessments provider Greg Barnier, and Aleesha Ward, the 6th District Judicial Court specialty court coordinator.
Hicken started her presentation with a quote from the Minnesota Judicial website, “By achieving a sober lifestyle, chemically dependent offenders are less likely to commit crimes and are more likely to be employed and to be providers for their families. Specialty courts not only save money and increase public safety by reducing crime; they also change the lives of the offenders and their families.”
The goal for Cook County is to establish a substance abuse recovery court (or a hybrid court as she called it), that will deal with “high risk, high need clients only”— people that are drug or alcohol dependent and have been charged with DWI, drug possession, and other serious crimes, she said.
Defendants involved in cases involving violent crimes will not be eligible for the program.
In a traditional case Hicken said a prosecutor charges a defendant, the defense attorney defends the case, the judge and jury determine guilt, and the defendant is either incarcerated or released into probation.
“The defendant doesn’t see the judge or attorneys again until/unless they have violated probation and they are being punished for it. Success and periods of sobriety aren’t rewarded or recognized.
“…The overall health of the ‘whole person’ (environmental, physical, social, etc.) is not addressed by the court system and mandates for treatment are often unsuccessful.
“The person comes out on the other end having been punished, but perhaps not healed, and ends up back in the system,” said Hicken.
But under the rules of a drug court, strategies include giving extended probation, frequent appearances before a judge, frequent meetings with probation officers, staggered sentencing that breaks up jail time into segments and allows the participant to earn reductions in jail time with good behavior and regular alcohol and drug testing.
“Research shows that this approach has proven more effective than traditional court strategies at reducing repeat offenses,” said Hicken. “This is especially true for certain offenders, such as those having a high risk recidivism potential.
“Drug courts result in more defendants turning their lives around and becoming healthy, law abiding citizens, and research also shows that when these strategies are implemented correctly, they improve public safety and save tax payers dollars.”
Hicken shared information on the growing problem Minnesotans are having with opiate addictions. By 2011 drug deaths had passed deaths caused by traffic accidents. In 2013 there were 507 deaths caused by drugs and 374 caused by auto accidents. In 2014 there 516 overdose drug deaths in the 11 county metro-area.
Hicken said drug courts integrate alcohol and other drug treatment services with the judicial system case processing.
Probation officers, lawyers, or judges make referrals to drug court, said Hicken and the minimum time spent in the program should be more than 12 months, with supervision and judicial oversight slowly decreasing as clients move through the phases.
The program is collaborative between judges, prosecutors, defense counsel, treatment providers, probation officers, law enforcement, and educational and vocational experts.
Yearly costs range from $2,240-$2,700 for adult drug court while family drug/ hybrid courts range from $3,300-$4,470 per year. Juvenile drug court is more expensive, $12,800 per year, but Hicken said that might be due to children sometimes being removed from the home.
Drug courts aren’t new, said Hicken. They have been extensively studied and conclusively found to reduce recidivism, save significant amounts of taxpayer money by keeping offenders sober and out of incarceration, and change lives for the better, she said.
Of those that start the program, 54 percent graduate. Some of the terms include requiring participants to get their driver’s license, finish their GEDs, get a job, or perform community service. Slip ups will occur as people relapse, but incentives will be given out as people progress through the program as an acknowledgement and reward for their success. If people choose not to participate, they will be referred back to the regular courts for sentencing
Hicken said she didn’t know how much it would cost to establish a drug court in Cook County, but she is seeking funding and grants to help pay for the program. “If people are excited about the program and would like to help, we will need gift cards and gifts to give to participants as an incentive. They can contact me or contact the court,” she said.
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