OFFICIALS SAY LACK OF CASH PREVENTING PROGRAM HERE

While there may be a will to integrate drug courts into the judicial
system, local criminal justice authorities say there's just no
financial way.

As prisons are filling up more and more with drug and alcohol
addicts, the Legislature is beginning to look at treatment as an
alternative to confinement for drug offenses.

But it doesn't come cheap.

Currently, the 25th Judicial District, which includes Finney,
Greeley, Hamilton, Kearny, Scott and Wichita counties, is suffering
from budget deficits, as are courts throughout Kansas. The district's
chief judge, Philip Vieux, said to make up for the crunch, courts
have been understaffed and overworked, the mandatory 60-day hiring
freeze has been extended - which included postponing the hiring of a
needed district court judge - and sharing nonjudicial employees with
smaller courts in lieu of hiring a replacement.

"I'd be willing to try drug courts," Vieux said. "I'm at a point in
this business where I'll try anything. I don't think what we're doing
now is effective. There are some successes to feel good about, but
there are so many failures. You can't get rid of that overnight. No
one can be made drug and alcohol free if they don't want to be. But,
I can't supply the tools if they're not available."

Because the treatment plan of drug courts are so intensive, Vieux
said more probation officers would have to be hired, as well as
judges assigned especially to drug offenses. Besides extra court
personnel and possibly a new facility, education and vocational
programs would have to be funded.

"Unless there's some grant money out there I don't know about, it
doesn't look like we'll see much of drug courts in mid-level court
systems," Vieux said. He added the problem is lack of resources and
no monetary means to get them.

According to the Kansas Department of Corrections, the most common
violation of probation conditions is using drugs and alcohol. Finney
County Sheriff Kevin Bascue said the majority of inmates booked into
the jail have some kind of issues with drugs and alcohol.

"I think there needs to be a combination of jail and treatment,"
Bascue said. "Sometimes we do a disservice when we lock a person up
and don't give them treatment. We're just setting ourselves up for
repeat offenses. If they still have a problem when they leave,
they're going to come back."

For Bascue, when addicts are booked into his jail, it's not his
responsibility to provide pre-trial treatment. Most times, offenders
are confined for a few days, while treatment programs can range from
30 to 90 days.

Finney County Attorney John Wheeler said most times an offender is
required at sentencing to undergo treatment programs as terms of
successful probation. The difference in those mandatory terms and a
drug court is that the court is prepared for recidivism, he said. He
said a tried and true way to kick the habit is through 12-step
programs such as AA and NA.

"Alcohol and drugs account for a high percentage of not only property
crimes, but crimes against persons," Wheeler said. "Filling prisons
with addicts is something that needs to be addressed by the
Legislature to implement and fund. But, if they fund it, it needs to
be adequate."

The Legislature is the body that recently funded the judicial budget,
which officials say is severely under what courts need to
sufficiently operate.

"Addicts make a personal choice to do what they do," Wheeler said.
"I'm not convinced anyone can be compelled to modify their behavior
if they're not willing."