York County Adds Program For Addicts

SUCCESS RATE OF DRUG COURTS HARD TO ASSESS

Critics Say Program Can Be Less Fair Than Prison Sentence

YORK -- York County joined a growing number of courts across the country
last week when it started a drug treatment court to help criminals beat
their addiction. But experts say the success of such programs has been
difficult to measure and can actually be less fair to defendants than
traditional courts.

The York County program offers 12 to 18 months of intense treatment to
drug-addicted criminals instead of sending them to jail. An added bonus: If
they succeed, the charges are dropped.

It joins a nationwide movement of counties trying to find ways to relieve
their clogged dockets and crowded jails of repeat drug offenders.

Nearly 700 drug courts are operating in the United States and more than 430
are being planned, according to the U.S. Justice Department. In addition to
York, four other S.C. counties have drug courts. North Carolina has 11 drug
courts in seven counties, including three programs in Mecklenburg County.

Advocates say treatment is important for drug addicts because tossing them
into jail as punishment rarely deters them from stealing or other crimes
again once they get out.

"Many of them are wide-open, sad addicts," said Mitchell Mackinem, program
director for the S.C. 5th Circuit's drug court. "I had one guy in here and
I asked him, 'How much drugs did you do?' and he said, 'All I could get.'"

Treatment vs. Fairness

York's program is voluntary - criminals enter by pleading guilty before
they are allowed to participate. Only nonviolent drug addicts qualify, and
they spend six days a week attending treatment programs and counseling.
Drug court staff and a judge monitor the participants' progress weekly,
frequently checking on them with phone calls to family members and
employers, said Mary Jane McGill, associate director of Keystone Substance
Abuse Services of Rock Hill.

As the clients make their way through the program, they will be rewarded
with gift certificates for their families and other incentives. Those who
test positive for drugs or miss meetings may spend the weekend in jail or
face more court visits, McGill said.

Drug courts illustrate an important change in the role of American court
systems, said James Nolan Jr., who wrote a book on the subject.

Nolan said because drug courts are so focused on treatment, they're in
danger of being less fair because some clients end up spending more time in
jail and receiving more supervision than those who just serve their time.

In many drug courts, failing participants are punished with a weekend in
jail. If the person is sent to jail numerous times for failure, his
punishment is actually harsher than the probation he would have received
had he not entered the program, Nolan said.

In drug courts, the idea of treatment is actually more important than
fairness, said Nolan, who is an assistant professor of sociology at
Williams College in Williamstown, Mass.

He said the idea may be disturbing to some civil libertarians.

"We're right to be concerned about getting rid of notions of fairness,"
Nolan said. "It gives the courts a great deal of power and discretion."

Drug court advocates acknowledge their programs may be more difficult than
simply going through the traditional court system. But that very system is
producing repeat offenders, they argue.

"We're hoping that with treatment, it will give them more ways of coping
and rationalizing, so they will change their lifestyle," McGill said.

Keystone's director, Janet Martini, added: "If you can get them through the
first year, their chances of maintaining that lifestyle of sobriety is
significantly increased."

Costs vs. Benefits

Whether drug courts are effective and worth the cost is also an issue. A
1997 report by the U.S. General Accounting Office said it is difficult to
determine the impact of the programs because many are so new. The report
said some studies show positive effects on drug offenders, but others
showed that the programs had no affect at all.

Nolan said some people have even complained that the presence of a drug
court can actually worsen a court's backlog because well-meaning police
tend to arrest more addicts, thinking the drug court can help.

York County plans to spend about $250,000 in the next year to treat about
30 people. Mackinem said his program in Richland and Kershaw counties has
spent thousands over the past five years.

Of the 284 people who have participated, 75 have graduated and 27 are still
active. The other 182 failed.

Mackinem said about 80 percent of those were arrested again within three
years. He said that getting clean after dropping out of the program is
especially difficult for crack addicts, who make up most of the drug users
in his area.

"Crack is expensive and terribly more addictive than other drugs," Mackinem
said. "As long as they stay addicted, they're going to have to get money to
get high."

Despite the high failure rate, Mackinem and other drug court directors say
those rates are dropping and the programs are worth the expense. Mackinem
said that of the 75 people who succeeded, more than 50 have stayed out of
the court system.

York County's chief prosecutor, Tommy Pope, said by helping one person at a
time, the program will be worth the cost.

"Success will be measured by looking in the eyes of someone who's turned
their life around," Pope said. "We are in a position to help. How can we
not do it?"

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York County Drug Court Program will spend about $250,000 to treat up to 30
people The 12- to 18-month program offers treatment and counseling to
nonviolent drug addicts, dropping the criminal charges of those who
succeed. Program aims to reduce the number of repeat offenders in the court
system.