ROCK COUNTY'S DRUG COURT IS TOUGH, BUT IS IT EFFECTIVE?

JANESVILLE - Rock County's drug court is no cakewalk or slap on the
wrist.

Since its inception a little more than a year ago-May 3, 2007-more
drug users have washed out of the program than graduated from it.

Figures provided by Kate Buker, an assistant Rock County district
attorney, showed that 20 of 42 people with final court outcomes had
graduated.

Two left the program on their own; one never showed
up.

The two judges who have presided over drug court booted the remaining
19 back to the criminal courts where their cases originated-and where
they have been sentenced.

"It's very hard," Buker said. "I wouldn't care to be on that short of
a leash, responsible to the treatment people every day and they're
(defendants) supposed to be working full-time jobs."

Of the 20 graduates, online court records showed only one had been
charged with a new crime-misdemeanor obstructing-since graduation.

Asked her opinion of the program's success, Buker said: "It's way too
soon to tell. The earliest graduate has been out only six months. The
best success would be people not using drugs again or committing
crimes that affect others.

"If we just keep people out of jail for only six months, it would be
dumb. We might as well do regular criminal prosecution.

"We're going through a lot of trouble, and it's expensive."

The county figures it will pay ATTIC Correctional Services of Madison
$300,000 a year to treat and counsel drug court clients.

The money to pay for treatment comes from an annual state grant,
$156,814; county taxes, $91,183 annually; clients' fees, $40,327, and
payments from insurance companies and government medical assistance,
$11,693.

The county is in the second year of a potential three-year state
grant. County officials anticipate receiving the grant again next year.

Currently, 44 people are in drug court. They pleaded guilty to the
crimes they were charged with-not necessarily drug crimes-and entered
the program with the goal of getting their charges dismissed or reduced.

To do so, they not only must get and stay clean, but they also must
try to find jobs, further their educations, change their thinking and
manage their emotions.

"I believe it's a very rigorous program," said Judge James Daley, the
lead judge for Rock County Circuit Court. "It should be a rigorous
program. Without that, it will be what many people think it is-a slap
on the wrist.

"To change their lives, it needs to be a punch in the
jaw."

Faced with a crowded jail and a proposed expansion pegged at $56
million, Rock County decided to try drug court as an alternative to
jail.

Because of the grants funding it, the program is required to estimate
how much jail time and money has been saved.

Prosecutors estimated that, without drug court, 17 of the 20 graduates
probably would have received a maximum of 2,170 days in the county
jail-as well as five years in state prison.

Three probably would have received straight probation.

At a cost of $64 a day to house an inmate, the jail has saved an
estimated $138,880.

But Buker acknowledged that the estimates' accuracy is
questionable.

"It's our wildest best guess," she said.

If successful, though, the program will produce rewards that cannot be
counted, Daley said.

"The benefits of the program will not truly be felt, if they're felt
at all, for five to 10 years down the road," the judge said. "We'll
never know how many offenses were not committed. . We're trying to
break the cycle (of drug use and criminality) with these people one
case at a time."

But Daley does see short-term positive effects.

Most people in drug court would regularly run into other trouble-bar
fights, disorderly conduct, shoplifting and so forth, Daley said. "So
not seeing these names since May 2007 is a positive thing."

Judge Richard Werner is the second judge to preside over drug
court.

On the drug court bench since November, Werner continues to stress the three
foundation pieces instituted and emphasized by his predecessor, Judge John
Roethe:

- -- Abstinence.

- -- Honesty to self and others.

- -- Responsibility for yourself and your drug-free life.

Relapse is anticipated and considered part of the rehabilitation
process.

"If the program is going to be of value, you're going to have to take
a risk on people," Werner said. "If we took only easy cases, the
program wouldn't be beneficial to those in the community.

"If we don't have failures, the program is not going to work," he
continued. "If you don't have failures, we're not selecting the right
people to get help because failure is an integral part of addiction.
If there are no failures, it's telling you you're not pushing hard
enough."

At one session, Werner immediately ordered a non-cooperative defendant
to spend 24 hours in jail.

"You're not doing well," Werner told the man, a business owner. "You
have positive screens for cocaine and morphine. You gotta make a
commitment here.

"This program is not for you to avoid the criminal process. It's for
you to address your addiction," Werner admonished the man. "You have
to face up to this. I gotta see a negative screen, or you're going
back to criminal court."

Werner eventually terminated the man from drug court, and his original
judge sentenced him to jail.

Werner has ordered jail-24 or 48 hours at a time-for at least a dozen
drug court clients.

"I want them walked out in cuffs. It makes more of an impact. The idea
is if they're doing well, you have to give 'em positive strokes. .

"They had chances but didn't use them," Werner said. "If you have a
relapse or miss a meeting but are honest about it, then you'll get
less of a sanction, community service.

"The people who lie about it get a jail sentence, 24
hours."

And who people who continually lie to the court or are not making any
progress usually are booted out.

When clients continue to use drugs without interruption-often combined
with lying-they are terminated from drug court, Werner and Buker said.

"They're not getting anywhere, and we don't see anything else to help
them," Buker said.

Another criminal charge does not automatically result in termination,
Werner said.

"Usually, it's not a one-time deal," the judge said. "It's continued
use of substances without any effort to stop and lying about it."

If clients are honest about backsliding, they usually get the benefit
of the doubt, he said.

But repeated failure to show up for weekly court sessions, random drug
screens and required 12-step meetings usually results in
termination.

"If you miss one or two, usually we can find a reason around that,"
Werner said. "But if you're lying, you're not taking responsibility."