ADDICTS GET A SECOND CHANCE

Court Project Tries To Move Drug Offenders Out Of Jail And Into Treatment

Suzanne hopes her latest foray into the criminal justice system will be her
last.

The 43-year-old homeless woman is fighting a 20-year addiction to crack and
cocaine and has so many convictions to her name, she's lost count. They
include charges of drug possession, trafficking and communicating for the
purposes of prostitution, the latter being a means to feed her drug habit.

Suzanne, who asked that her last name not be published, appeared at old
city hall yesterday as one of the first clients of an innovative pilot
project aimed at moving addicts out of jail and into treatment.

Toronto's drug treatment court has been operating for just over a week and
was to be formally announced today by federal Justice Minister Anne
McLellan and Solicitor-General Lawrence MacAulay.

The federal government has committed $1.6 million over four years to the
project, which is the first of its kind in Canada. It likely will expand to
other jurisdictions if successful.

``Many judges in our largest cities believe they are seeing a significant
and disturbing number of repeat offenders,'' Judge Paul Bentley explains.
His frustration at seeing the same faces before him was the catalyst for
the court.

``After serving their sentence, many of these drug-dependent individuals
return to the street and recommence their illicit drug use . . . are again
arrested and the cycle continues.''

The court, modelled after some 400 similar courts in the United States,
aims to stop that cycle through judicial supervision of accused. They must
undergo regular but random urinalysis, counselling and frequent attendance
at court.

``Some people who are drug-dependent are better served in the health
system, rather than the criminal justice system,'' Bentley said. ``Crack
cocaine is powerfully addictive. You just can't put people in jail for four
or six months and expect them to miraculously beat their habit.''

Rehabilitation is backed up with the clout of the court.

``It's coercive, it's not just treatment. They know that if they screw up,
they'll be back before the judge within 24 hours,'' he said, adding that
sanctions include anything from an admonishment to tighter monitoring, to
being expelled from the program and sentenced, or returned to the regular
court process.

The biggest benefit of the court is turning drug-dependent individuals into
productive and law-abiding citizens, says Bill Robb, manager of the cocaine
service at Toronto's Centre for Addiction and Mental Health.

There are also ``huge money savings'' to be had by the anticipated
reduction in recidivism, he notes.

``We're going to be seeing 200 people a year through this program, and that
should be 200 people a year who won't be involved in other crimes as well.
. . whether it's break and enter, petty theft or more trafficking.''

Suzanne's addiction has ruined her life, she says. When she's not high,
she's usually sleeping off a five-day bender.

When she wakes up, the cycle starts again.

``Sometimes I'm grouchy, sometimes I'm teary, but more often than not I'm
just jumpy. I've got to go out, I've got to get more,'' she says.

``It's too easy. It's a sickness.''

The program is open to non-violent, drug-dependent offenders charged with
possession, possession for the purpose of trafficking or trafficking in
small quantities of crack, cocaine or heroin. All referrals must have the
approval of the crown prosecutor.

Offenders are streamed into two tracks, depending on the charge.

Track 1 is open to those facing less serious offences like possession. They
are diverted into the drug court program prior to a plea; if they complete
it successfully the charge is withdrawn or stayed.

Track 2 is for those facing trafficking charges or repeat possession
charges. They must plead guilty, but sentencing is postponed for eight to
15 months, during which time they must complete the program. Upon
successful completion, they receive a non-custodial sentence.

Suzanne is on Track 2. She was arrested on charges of possession and
trafficking Dec. 1. She made her first appearance before Bentley that day
and must appear before him weekly to report on her progress.

``It's not easy,'' she confessed to Bentley yesterday.

But she was pleased to tell him the results of a recent urinalysis: ``It
will show that I used (drugs) before starting the program, but not since.''

Outside court, Suzanne says traditional punitive measures have not worked
for her. In the past year alone, she's been out of jail for only two months.

``They keep punishing people for what they're doing wrong, but that's not
solving the problem.''

One benefit of the new court is that it addresses the underlying medical
and social needs of the accused.

They are monitored by community court liaison workers, who match them with
agencies that provide help with housing, education, literacy skills, job
readiness, social skills, anger management and parenting.

``They're trying to get me out of the hostel and into housing,'' an
optimistic Suzanne says.

``And they're going to put me through school so I can get my Grade 12. They
said they'll help me find a job. They're going to train me in some kind of
trade so I can go back into the community and be real for a change.''

The court was more than a year in the making. It is the culmination of
monthly meetings by a committee that includes representatives of the
federal justice department, the defence bar, duty counsel, police,
probation, public health, the Centre for Addiction and Mental Health and
the judiciary.

They have high hopes for the pilot project, as does Suzanne.

``Finally, there's something,'' she said. ``It's keeping me on the ball. If
I want to use, I'll think, `No, they're going to do a urinalysis. I'm going
to get caught.'

``I want to see it work. I've had enough. I'm getting too old for this, I
really am.''