News (Media Awareness Project) - US NC: Courts Mix Therapy, Threat |
| Title: | US NC: Courts Mix Therapy, Threat |
| Published On: | 2004-05-14 |
| Source: | News & Observer (NC) |
| Fetched On: | 2008-08-22 10:53:42 |
COURTS MIX THERAPY, THREAT
New Approach to Justice - Tackling Causes of Crime
CHAPEL HILL -- The photo was taken less than a year ago, but it's a
reminder of how far Joe Lloyd has come. It's a picture of the walking
dead, he says, a man with a face sunken and as pale as the courthouse
wall next to him. It's a snapshot of Lloyd as an addict, before he
entered Orange County's drug treatment court. These days, Lloyd is a
model participant in what is called a therapeutic court, where justice
is coupled with counseling, cajoling and close supervision. The number
of these courts, which handle defendants with substance abuse or
mental health problems, is rising in North Carolina, even as funding
sources are drying up.
Proponents laud the courts for keeping defendants in treatment longer.
Attacking the causes of the defendants' crimes makes graduates less
likely to get in more trouble, they say, and money spent on these
courts helps both the criminal justice and health-care systems.
Lloyd, 41, is working toward graduation. That's when he can expect the
prosecutor to drop drug and paraphernalia possession charges and a
separate drunken-driving charge against him. For that to happen, Lloyd
and fellow participants have agreed to intensive supervision for at
least a year and a host of other requirements.
Lloyd started using cocaine in the late 1980s, but he says it was in
the past several years that his use went up. He never stole, but he
spent his savings to feed his habit, and alienated his family.
He was arrested for drug possession after a friend called 911 during
an argument. He says she called in jest and hung up right away. But
Carrboro police arrived, spotted his pot bowl and searched his home.
Now Lloyd is working again, attending Alcoholics Anonymous and
Narcotics Anonymous meetings and making amends with his family. He
says he has been clean since Aug. 18.
"I've got a lot of gratitude for this court," Lloyd says. "I was
forced to stay clean. Either that or go to jail."
The requirements of the drug treatment court are strict and numerous.
Participants must attend treatment sessions, 12-step meetings and
biweekly court sessions. They meet with a probation officer and a case
manager and must submit to random drug tests. They also must be
employed or attend school, perform community service and pay court
fees and other legal obligations such as child support.
It's a lot, but drug counselors, probation officers and case workers
work closely with each defendant. These professionals make it their
business to know all the defendants' business -- not just who's
testing positive for drugs or who needs to get back a revoked driver
license to look for a job.
They make an effort to learn who will try to manipulate the system,
whose family is in denial about their addictions and who has been seen
with friends who are apt to get them into trouble.
The program is not for everyone. Defendants facing violent felony or
drug-trafficking charges or who have convictions for such offenses in
the past five years are not eligible.
Of those who sign on with a drug treatment court, 31 percent to 36
percent drop out or are kicked out, according to the state
Administrative Office of the Courts.
Of those who graduate, 18 percent were rearrested in the 12 months
after they left the program, compared with 44 percent of those in
similar circumstances who were not in the program, according to a
report court officials recently submitted to the legislature.
Arjun Nicastro, a counselor with Freedom House recovery center and a
member of the Orange County drug court treatment team, said the tandem
approach used by therapeutic courts is the key to their success.
"We have so many different people from so many professions and
disciplines talking about these people all the time," Nicastro said.
Beverly Scarlett, an assistant Orange County prosecutor, said the
courts require additional effort and one-on-one attention, but it's
worth it when defendants make progress. "I'm making a difference, and
that's most important to me," she said.
Instead of prosecutors and defense lawyers facing off before a judge,
they and other members of the team discuss cases before court. They
discuss the defendants' progress and what reward or sanction may be
needed.
Although some participants are motivated by the fear of doing time,
some will, in fact, spend time in jail for infractions such as
positive drug tests and missed appointments.
Before a recent Orange County session, the team decided that the
violations of six participants were numerous and serious enough to
warrant five nights in jail for each.
"This is a voluntary program, but it is a compliance program,"
District Court Judge Joe Buckner told one defendant. "I want you to
take the next five days to think about that."
It isn't all harsh words and punishment; therapeutic courts also
recognize defendants' progress. A participant moving to the next phase
of treatment gets applause. A graduate gets a hug from the prosecutor,
who announces her pleasure in dismissing charges.
An Experiment Blooms
Drug treatment courts got their start in North Carolina with the
formation of five programs in 1996. Now, 13 judicial districts,
including Wake and Durham, operate 17 adult treatment courts,
including two specifically for repeat drunken drivers. Last year, they
had 939 participants.
North Carolina also has drug courts for juveniles and family drug
treatment courts for parents who are trying to regain custody of
children removed from their homes. Orange County has the state's first
"community resource court," which helps participants manage their
mental illnesses.
Despite their rising popularity, some courts are facing hard
times.
State money for adult courts has been cut from $1.4 million to less
than $800,000 over the past few years, said Deborah Reilly, the
state's drug treatment court manager. Some districts tapped into
federal grants, but many are due to expire this year and next.
No state money goes toward the juvenile and family
courts.
Operating costs vary widely. The two adult courts in the
Craven-Carteret judicial district rely on volunteers to serve a
handful of participants. Mecklenburg County's five adult courts,
meanwhile, served 400 people, using $1.3 million from local, state and
federal sources.
Of Durham County's three drug courts, the family court faces the most
pressing need because its seed money from the Governor's Crime
Commission runs out June 30, said Peter L. Baker, coordinator for the
programs.
Baker has formed a foundation to solicit donations. He is looking for
county money and smaller grants. "We're trying every angle we know,"
he said.
In Wake County, coordinator Nathaniel Gay anticipates some
difficulties for the adult program a year from now when federal money
dries up. He would like to see more participants in the juvenile
program -- North Carolina's first -- and to create an adult treatment
group for Spanish speakers.
Orange County is one of five districts moving forward with plans for a
family court, despite the uncertainty of funding. Buckner, the
District Court judge, said he hopes to convince local governments that
funding therapeutic courts is in their best interest.
"It's not just about getting people well, it's about getting them to
stop doing what's unlawful and hurtful," he said. "This issue is
hitting us in every area that I touch, and I'm worried about it. And
I'm worried about it as a community member and as a judge."
Buckner also would like to bring therapeutic courts to Chatham County,
which is also in his judicial district, and to increase participation
in Orange.
For Joe Lloyd, the court has already affected his behavior. He had
positive drug tests early in the program, Lloyd says, and it wasn't
until Buckner sent him to jail for the second time for those
violations that he straightened up.
"I didn't like any of it, but it was good for me, and I needed it," he
said. "It's for the best."
[Sidebar]
ADULT DRUG TREATMENT COURTS IN THE TRIANGLE
DURHAM
2001 2002 2003
New admissions 20 33 30
Active at end of calendar year 18 33 29
Graduations 8 8 12
Terminations 10 11 21
Total served 36 52 62
Graduation rate 44% 42% 36%
ORANGE 2003*
New admissions 10
Active at end of calendar year 8
Graduations 1
Terminations 3
Total served 12
Graduation rate 25%
*FIRST FULL YEAR
WAKE
2001 2002 2003
New admissions 71 68 49
Active at end of calendar year 50 45 40
Graduations 9 25 20
Terminations 49 47 34
Total served 118 117 94
Graduation rate 28% 35% 37%
New Approach to Justice - Tackling Causes of Crime
CHAPEL HILL -- The photo was taken less than a year ago, but it's a
reminder of how far Joe Lloyd has come. It's a picture of the walking
dead, he says, a man with a face sunken and as pale as the courthouse
wall next to him. It's a snapshot of Lloyd as an addict, before he
entered Orange County's drug treatment court. These days, Lloyd is a
model participant in what is called a therapeutic court, where justice
is coupled with counseling, cajoling and close supervision. The number
of these courts, which handle defendants with substance abuse or
mental health problems, is rising in North Carolina, even as funding
sources are drying up.
Proponents laud the courts for keeping defendants in treatment longer.
Attacking the causes of the defendants' crimes makes graduates less
likely to get in more trouble, they say, and money spent on these
courts helps both the criminal justice and health-care systems.
Lloyd, 41, is working toward graduation. That's when he can expect the
prosecutor to drop drug and paraphernalia possession charges and a
separate drunken-driving charge against him. For that to happen, Lloyd
and fellow participants have agreed to intensive supervision for at
least a year and a host of other requirements.
Lloyd started using cocaine in the late 1980s, but he says it was in
the past several years that his use went up. He never stole, but he
spent his savings to feed his habit, and alienated his family.
He was arrested for drug possession after a friend called 911 during
an argument. He says she called in jest and hung up right away. But
Carrboro police arrived, spotted his pot bowl and searched his home.
Now Lloyd is working again, attending Alcoholics Anonymous and
Narcotics Anonymous meetings and making amends with his family. He
says he has been clean since Aug. 18.
"I've got a lot of gratitude for this court," Lloyd says. "I was
forced to stay clean. Either that or go to jail."
The requirements of the drug treatment court are strict and numerous.
Participants must attend treatment sessions, 12-step meetings and
biweekly court sessions. They meet with a probation officer and a case
manager and must submit to random drug tests. They also must be
employed or attend school, perform community service and pay court
fees and other legal obligations such as child support.
It's a lot, but drug counselors, probation officers and case workers
work closely with each defendant. These professionals make it their
business to know all the defendants' business -- not just who's
testing positive for drugs or who needs to get back a revoked driver
license to look for a job.
They make an effort to learn who will try to manipulate the system,
whose family is in denial about their addictions and who has been seen
with friends who are apt to get them into trouble.
The program is not for everyone. Defendants facing violent felony or
drug-trafficking charges or who have convictions for such offenses in
the past five years are not eligible.
Of those who sign on with a drug treatment court, 31 percent to 36
percent drop out or are kicked out, according to the state
Administrative Office of the Courts.
Of those who graduate, 18 percent were rearrested in the 12 months
after they left the program, compared with 44 percent of those in
similar circumstances who were not in the program, according to a
report court officials recently submitted to the legislature.
Arjun Nicastro, a counselor with Freedom House recovery center and a
member of the Orange County drug court treatment team, said the tandem
approach used by therapeutic courts is the key to their success.
"We have so many different people from so many professions and
disciplines talking about these people all the time," Nicastro said.
Beverly Scarlett, an assistant Orange County prosecutor, said the
courts require additional effort and one-on-one attention, but it's
worth it when defendants make progress. "I'm making a difference, and
that's most important to me," she said.
Instead of prosecutors and defense lawyers facing off before a judge,
they and other members of the team discuss cases before court. They
discuss the defendants' progress and what reward or sanction may be
needed.
Although some participants are motivated by the fear of doing time,
some will, in fact, spend time in jail for infractions such as
positive drug tests and missed appointments.
Before a recent Orange County session, the team decided that the
violations of six participants were numerous and serious enough to
warrant five nights in jail for each.
"This is a voluntary program, but it is a compliance program,"
District Court Judge Joe Buckner told one defendant. "I want you to
take the next five days to think about that."
It isn't all harsh words and punishment; therapeutic courts also
recognize defendants' progress. A participant moving to the next phase
of treatment gets applause. A graduate gets a hug from the prosecutor,
who announces her pleasure in dismissing charges.
An Experiment Blooms
Drug treatment courts got their start in North Carolina with the
formation of five programs in 1996. Now, 13 judicial districts,
including Wake and Durham, operate 17 adult treatment courts,
including two specifically for repeat drunken drivers. Last year, they
had 939 participants.
North Carolina also has drug courts for juveniles and family drug
treatment courts for parents who are trying to regain custody of
children removed from their homes. Orange County has the state's first
"community resource court," which helps participants manage their
mental illnesses.
Despite their rising popularity, some courts are facing hard
times.
State money for adult courts has been cut from $1.4 million to less
than $800,000 over the past few years, said Deborah Reilly, the
state's drug treatment court manager. Some districts tapped into
federal grants, but many are due to expire this year and next.
No state money goes toward the juvenile and family
courts.
Operating costs vary widely. The two adult courts in the
Craven-Carteret judicial district rely on volunteers to serve a
handful of participants. Mecklenburg County's five adult courts,
meanwhile, served 400 people, using $1.3 million from local, state and
federal sources.
Of Durham County's three drug courts, the family court faces the most
pressing need because its seed money from the Governor's Crime
Commission runs out June 30, said Peter L. Baker, coordinator for the
programs.
Baker has formed a foundation to solicit donations. He is looking for
county money and smaller grants. "We're trying every angle we know,"
he said.
In Wake County, coordinator Nathaniel Gay anticipates some
difficulties for the adult program a year from now when federal money
dries up. He would like to see more participants in the juvenile
program -- North Carolina's first -- and to create an adult treatment
group for Spanish speakers.
Orange County is one of five districts moving forward with plans for a
family court, despite the uncertainty of funding. Buckner, the
District Court judge, said he hopes to convince local governments that
funding therapeutic courts is in their best interest.
"It's not just about getting people well, it's about getting them to
stop doing what's unlawful and hurtful," he said. "This issue is
hitting us in every area that I touch, and I'm worried about it. And
I'm worried about it as a community member and as a judge."
Buckner also would like to bring therapeutic courts to Chatham County,
which is also in his judicial district, and to increase participation
in Orange.
For Joe Lloyd, the court has already affected his behavior. He had
positive drug tests early in the program, Lloyd says, and it wasn't
until Buckner sent him to jail for the second time for those
violations that he straightened up.
"I didn't like any of it, but it was good for me, and I needed it," he
said. "It's for the best."
[Sidebar]
ADULT DRUG TREATMENT COURTS IN THE TRIANGLE
DURHAM
2001 2002 2003
New admissions 20 33 30
Active at end of calendar year 18 33 29
Graduations 8 8 12
Terminations 10 11 21
Total served 36 52 62
Graduation rate 44% 42% 36%
ORANGE 2003*
New admissions 10
Active at end of calendar year 8
Graduations 1
Terminations 3
Total served 12
Graduation rate 25%
*FIRST FULL YEAR
WAKE
2001 2002 2003
New admissions 71 68 49
Active at end of calendar year 50 45 40
Graduations 9 25 20
Terminations 49 47 34
Total served 118 117 94
Graduation rate 28% 35% 37%
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