COUNTY TO START DRUG OFFENDER COURT

Program Works to Find an Alternative to Criminal System for
Nonviolent Offenders.

Chemung County court officials hope to get nonviolent drug offenders
off a carousel of substance abuse, arrest, jail time and more
substance abuse.

The county is working with the New York State Unified Court System to
create an adult drug treatment court, a concept that was introduced
at the state level about 18 months ago.

A drug court blends criminal and family court proceedings with the
human services resources in the community to more effectively treat
drug users rather than just recycle them through the criminal justice
system, said Kathi Chaplin, project manager for New York State Drug
Treatment Courts.

"It brings a sense of participation and brings an opportunity for
those of us in the criminal justice system to make a difference in
people's lives -- a positive difference," Chaplin told a gathering of
judges, lawyers, human service providers and others on Wednesday at
the Chemung County Courthouse. "Drug courts save lives. Drug courts
also save communities a lot of money."

New York state Chief Justice Judith Kaye created the Office of Drug
Court Treatment Programs in October 2000 based on the success of a
pilot program in Rochester. Since that time, Kaye's staff has worked
with court officials across the state to set up drug treatment courts.

So far courts are up and running or in the planning stages in 59 of
the 62 counties in New York. Schuyler County recently set up a drug
treatment court and a similar court is in the works in Steuben County.

The numbers that underscore the need for a drug court are compelling,
Chaplin said. In 1980, there were 27,407 drug arrests in New York
state. That number was 145,000 in 1999, she said.

In addition, in 1980, 886 drug defendants were sentenced to state
prison time. In 1995, that number was 70,895.

State Supreme Court Justice Judith O'Shea, administrative judge for
the 6th Judicial District, asked Chemung County Judge Peter Buckley
to work on establishing a drug treatment court in Chemung County.

"We don't intend to bring more cases in. These are the same clientele
we are dealing with anyway," O'Shea said. "Drug court is not for
violent offenders, and the other thing is we're not interested in
dealers. It's for nonviolent offenders who are in the system because
of a drug or alcohol addiction."

Under the program, the only additional person needed in each county
would be a state-funded coordinator, Chaplin said. Teams of
prosecutors, defense attorneys and judges would evaluate each case
and decide whether a particular defendant is appropriate for drug
court.

The program is voluntary, and the district attorney would have the
final say whether the case should go to drug court or not. Once a
defendant is assigned to drug court, his or her progress would be
monitored by the judge, who could order jail time or other sanctions
for violating conditions of the program, as well as rewards for
compliance.

In drug courts, prosecutors don't judge their successes by the number
of convictions they earn, and defense attorneys don't aim simply to
have criminal charges dropped, Chaplin said. The ultimate goal of all
participants is to help the client to a drug-free, productive life,
she said.

To graduate from the program, clients must not take drugs or drink
alcohol for a year, Chaplin said. They also must have a high school
diploma or general equivalency diploma and either be employed or
enrolled in a higher education program.

In addition to substance abuse services, the court will help to
coordinate education, financial and family counseling and health
services to help clients overcome obstacles.

It will take close to a year to establish the program in Chemung
County, Chaplin said. All participants will take training courses
offered by the state.

Not everyone is sold on the program. Chemung County District Attorney
John Trice is concerned about what costs might be associated with
drug treatment courts, even though Chaplin assured that there would
be no local costs involved.

The concept is also nothing new locally, Trice said.

"It's my feeling that what she's talking about is what we've been
doing for years," Trice said. "The system is flexible enough that if
anybody deserves treatment, we can make it happen. What we have here
is more structure, more people involved in making that decision. The
big question is, Is there money to fund a project like this? That
will be important for our community."