RYAN SIGNS 'DRUG COURT' GUIDELINES

State's Attorney John Schmidt hopes Sangamon County will set up a "drug
court," which could give drug offenders options other than going to
prison.

The idea isn't new - some jurisdictions in Illinois already have some
manner of drug court, and they have been successful in other parts of
the country - but legislation recently signed into law by Gov. George
Ryan sets up new guidelines for such courts.

When he was appointed state's attorney in 1999, Schmidt said one of his
long-term goals was to establish a drug court, similar to the domestic
violence court established earlier in Sangamon County.

Schmidt's vision of a drug court would take people who possess
relatively small amounts of drugs out of the regular felony process and
put them in a specialized court setting. Sentences would focus on
treatment and monitoring by the court through the county probation
department.

Sangamon County judges already informally do many of the same things as
a drug court - making treatment a part of sentences and often sentencing
offenders to periodic imprisonment and probation, Schmidt said.

A specialized drug court, however, would allow one or two judges to
concentrate on drug cases and specifically monitor and preside over the
cases.

"This (the bill signed into law by Gov. George Ryan July 12) will aid in
the creation of a drug court," Schmidt said. "It is formal recognition
by the state legislature of this program."

The law permits the chief judge of each judicial circuit to establish a
drug court program.

The bill also contains provisions concerning eligibility for the
program, assessment of defendants and operation of the program.

The program will include graduated requirements and rewards and
sanctions, including fines, fees, costs, restitution, individual and
group therapy, substance abuse treatment, etc.

People accused of violent crimes or who deny their use or addiction to
drugs wouldn't be eligible, nor would defendants who don't want to
participate.

Participants would be screened and receive professional assessments
before they could be admitted into the program.

The new law "will go a long way in helping the establishment of a drug
court in Sangamon County," Schmidt said.

He said he is pleased to see "carrot and stick" provisions in the bill
that basically leave it up to each defendant whether he or she wants to
complete the program or go to jail.

Schmidt said many cases prosecuted by his office are Class 4 and Class 3
felony drug possession cases.

"If this person has a drug dependency problem, unless you treat that
problem, it is almost guaranteed they'll be back in court," he said.

People who break the law by possessing drugs often commit other crimes -
thefts, burglaries, etc. - to support their habits.

"If they kick the habit, then there will be fewer cases of those type,
too," he said.

"The key to this is funding," Schmidt said. "Our concern has always been
staffing and scheduling," not only of prosecutors, but public defenders,
court and probation staff, etc.

He said his office already is equipped to dedicate a prosecutor to drug
court, should one be established.