AMENDMENT TO DRUG COURT BILL SETS LIMITATIONS

House Version Only Allows Controlled Substance Offenders

An amendment to a statewide drug court bill limits participants to those
convicted of possession of a controlled substance.

But statewide drug court system supporters say the amendment will slam the
door on the success of alternative drug courts.

"It is absolutely gutted in its present form," said Circuit Judge Keith
Starrett, who started the state's first alternative drug court program in 1999.

Drug court programs seek treatment for offenders with drug problems rather
than incarceration. Starrett's program for Lincoln, Walthall and Pike
counties allows individuals who plead guilty to such crimes as prescription
drug forgery, DUI, larceny and embezzlement to participate if it's
determined their crimes were due to drug or alcohol abuse.

Programs also operate in Hinds County; Leflore, Sunflower and Washington
counties; and Ridgeland City Court.

Senate Bill 2605 was approved last month by the Senate. An amended version
was approved this week by a House Committee.

Starrett and other supporters hope the bill will go to a House-Senate
conference committee and be restored to its original form.

Starrett said many property crimes and other crimes are committed because
of drug or alcohol abuse.

House Public Health and Welfare Committee Chairman Bobby Moody,
D-Louisville, said his concern about the Senate version is that he doesn't
want to see a person with a third DUI offense going into the program in
lieu of serving time.

"I want that person off the street," Moody said.

Starrett said a third-DUI offender would still serve 365 days under the
Senate bill but would also get treatment.

"As long as they are serving time, I'm fine with it," Moody said.

State Sen. Cindy Hyde-Smith of Brookhaven, the main sponsor of Senate Bill
2605, said she and others have discussed the change with House counterparts.

"I feel good about it," Hyde-Smith said of the bill returning to its
original form.

The state could save about $5.4 million annually based on 500 participants
going into a statewide drug court system instead of being housed in the
state Department of Corrections, State Auditor Phil Bryant said in a report
released in January.