PROGRAM SURPRISES DETRACTORS

Don Kerschner Jr. went fishing with his 14-year-old nephew last weekend. He
hadn't been in a while because fishing hadn't been important.

His drug habit took top priority in his life and in his wallet.

He's now in the state's Community Sentencing Program designed to address
offenders' individual needs while they remain in the community. In 16
months, the success of the program in Oklahoma County has surprised even
critics who feared the program was doomed to fail or created to clean out
overcrowded prisons.

Kerschner, 42, of Edmond relied on drugs to escape his grief after his
15-year-old niece, Candace Kerschner, was murdered in 1998 and his sister,
Dawnella Eberth, killed herself four months later.

Marijuana and methamphetamines got him in trouble twice. The first time, he
stayed off drugs only the 11 months he was under Corrections Department
supervision. "I was in fear of (his probation officer) coming out at
anytime and popping a drug test on me," Kerschner said. "I really didn't
want to quit. I had too many pains of life still affecting me."

Just a month after he was released from supervision, Kerschner, a heavy
equipment operator, was arrested again.

This time he was sentenced to the 16-month-old Community Sentencing Program
where he gets drug treatment, along with grief and loss counseling. He's
serving a seven-year suspended sentence.

After just two months, Kerschner is singing praise for the Community
Sentencing Program, a state and county government partnership that uses
public and private services in community punishment of non-violent offenders.

"My outlook on life is positive now," Kerschner said. "Before, I just
didn't care if I got through that day.

"I don't just want to get by this day, but tomorrow and the next day. I now
look forward to doing things."

Skeptical start

The Community Sentencing Program began slowly in Oklahoma County because
prosecutors, defense attorneys and judges were skeptical.

The program began statewide in March 2000, but the first community
punishment ordered in Oklahoma County wasn't for another two months.

Oklahoma County District Judge Ray Elliott said, "We were all very
skeptical, thinking this was just another program created by the
Legislature to empty the prisons."

Elliott is chairman of Oklahoma County's Community Sentencing Council, a
nine-member board of elected officials and private citizens.

"My thoughts were, as many of the parties involved, if it was just that
type of program: one, we didn't want to participate, and two, it would fail
like all the other programs have."

District Judge Virgil Black questioned why a new community punishment
program was created when the Corrections Department already provided
supervised probation and some of the same programs.

State funding for the Community Sentencing Program is funneled through the
Corrections Department and disbursed to local councils across the state for
operation of the program.

Oklahoma County received $1.4 million the first year and just more than $1
million this year.

Corrections Department probation officers are used in some community
sentencing programs. Oklahoma County hired four of its own.

"Why doesn't DOC beef up their organization that has been doing the same
thing all along?" Black said. "I'm not sure that this is the best way to
spend the money. I'm not sure why we did that."

Views changed

Attitudes have changed over time. Black and all the other Oklahoma County
criminal judges now use the program.

Elliott, a former prosecutor, said he changed his mind as he learned more
about the program. Now, he's an advocate.

"It's working, and it's benefiting the community," Elliott said. "Once I
became fully educated on the program, I changed my attitude drastically, as
have many other people.

Oklahoma County judges have sentenced 494 people to the Community
Sentencing Program from May 2000 to June 30. So far, only four people have
had their community sentence revoked and are now in prison.

Cherie Sales Cottrell, executive director of the Oklahoma County Community
Sentencing Program, said 60 percent of the 494 offenders were sentenced to
the program since April.

Oklahoma County is providing each offender the needed services at an
average annual cost of $1,130. Statewide, the average annual price per
offender is $1,470.

Elliott estimates Oklahoma County has potentially freed up 308 prison beds.
The Corrections Department calculates the cost to house an inmate for a
year at $16,000.

"The advantage is we're doing it much cheaper," Elliott said. "We're
allowing individuals to stay in the community, earn a living, provide for
their families and pay taxes rather than being sentenced to prison and
being a liability on the tax system."

Defense attorney Ronald "Skip" Kelly has seen a change in attitude,
particularly in the last six or seven months. He has had six clients
sentenced under the program.

"With this type of program, you're giving people an alternative to better
themselves," Kelly said. "If they stay in the community and they do
something worthy and good, then the community is going to be strong and
have a stronger economic base."

Jerry Massie, Corrections Department public information officer, said, "It
certainly has an impact on our (prison population) growth rate and probably
will have more as it is utilized more."

Individual plan

The Community Sentencing Program is designed to tailor treatment programs
and counseling to the offender's individual needs under heavy scrutiny.

"The difference of what we do and the traditional probation is we do a much
more intensive approach with the offender as far as being involved with
their treatment, but also their livelihood," Cottrell said.

The program offers drug, alcohol and mental health treatment and periodic
drug testing. Education and literacy needs are addressed. Offenders without
a high school diplomas are ordered to get their GED.

Jobs are found for those in the program without work. The program has
agreements with businesses such as Mathis Brothers, Hobby Lobby, Frito-Lay
and organized labor organizations to provide jobs.

"We are having no problem finding employment for anyone who is physically
able and doesn't have a job," Elliott said.

Each defendant must score a specific percentage on the Level of Services
Inventory assessment before a judge can sentence the offender under the
Community Sentencing Program.

The 54-question assessment is designed to identify the defendant's
deficiencies and social needs, as well as the elements that contribute to
criminal behavior.

The offender is interviewed about criminal history, education, employment,
financial status, family, relationships, substance abuse, mental health
history, leisure activities and attitude. A supervision plan, which
identifies an appropriate community punishment, is presented to the judge
prior to sentencing.

Offenders must score in the moderate range of the risk score on the
assessment to be eligible for the program and have the services paid at
state expense.

"So, if you're a drug addict and sincerely in need of drug treatment, a
single mom with three kids, unemployed, a meth freak, teeth are rotten and
you score moderate on this test, anything and everything you need to
address those problems, we pay for it out of taxpayer dollars," Elliott said.

Elliott said when he was an assistant district attorney he remembers
defense attorneys complaining their clients convicted of drunken driving
for the fourth and fifth time had never been given opportunities for treatment.

"Under community sentencing, no defense attorney in the future will be able
to approach any district attorney with that argument because good, viable,
workable programs are available," Elliott said.

Future needs

The future of the Community Sentencing Program will be in the hands of the
Legislature.

Public Defender Bob Ravitz said there is a concern that the money will run
out before all the offenders are treated.

Ravitz serves on Oklahoma County's Community Sentencing Council as one of
the five private citizens.

"The Legislature is going to have to make a determination that this is
working in Oklahoma County and that they may need to fund it with large
amounts of money again next year," Ravitz said. "The Legislature is going
to have to decide it's better to see non-violent offenders are treated in
the community."

Kerschner believes he is on the road to recovery already. In July, he said
he went to his niece's grave for the first time without being high.

"I'm able to accept life on life's terms now," Kerschner said. "Their
people act like they care. I never really had anyone who really cared about
my situation in life because they had their own problems. ...

"I know when I get out, my life will be totally enriched if it keeps up at
the rate it's going."