DRUG COURT EFFORT SHOWS GOOD RESULTS

The plague of illegal drug use continues to harm all facets of our
Commonwealth. Illegal drug use ruins lives, destroys families, impairs
worker productivity, and drains public resources. There are 31,211
persons incarcerated in Virginia's penitentiaries and an additional
24,433 in Virginia's jails. There were 4,392 active parolees and
43,470 active probationers in Virginia in December, 2004. Thirteen
percent of persons confined to Virginia's penitentiaries committed
drug offenses. The Commonwealth spends approximately $20,000 annually
to incarcerate one inmate. According to information compiled in the
Virginia Uniform Crime Reporting Program, published by the State
Police, 26,022 persons were arrested for drug offenses in 2003, the
last year for which complete statistics are available. That same year,
57,526 persons were admitted to drug treatment facilities in Virginia.

Virginia's judicial system is responding to the problems caused by
drug addiction with the use of drug court treatment programs. Persons
arrested for drug offenses in Virginia may be prosecuted in a juvenile
and domestic relations district court, a general district court, or a
circuit court, depending upon the offender's age and other factors.
These courts may establish drug court treatment programs.

Serves Non-Violent Offenders Too often, persons convicted of drug
offenses are sentenced, serve periods of incarceration, are releas-
ed, violate the terms of probation, and reappear in court for
probation violations or for drug offenses. This endless cycle is
fueled in part because of the offender's unwillingness or inability to
end the drug addiction. The drug court treatment program was
established to identify non-violent offenders who may be able to break
the cycle of drug addiction and dependency. The first drug court
treatment program in the United States was established in Florida in
1989. In Virginia, the first drug court treatment program was
established in Roanoke in 1995. Commonwealth's attorneys prosecute
persons who have been arrested and charged with crimes, including drug
offenses. If the Commonwealth's attorney believes that a non-violent
drug offender is a candidate for participation in a drug court
treatment program, the offender is referred to a treatment resource
soon after arrest. If the court and the Commonwealth's attorney
conclude that the defendant is suitable, the defendant may be admitted
to the drug court treatment program.

A team consisting of a judge, the Commonwealth's attorney, the
offender's attorney, probation officers, drug treatment professionals,
and law enforcement of-ficers work to treat and supervise the
offender. The of-fender will receive alcohol, drug, and related
treatment and rehabilitation services. The offender is sub-ject to
intensive treatment, scrutiny, and supervision.

The offender appears in court once each week, submits to mandatory
drug testing, and receives drug counseling. The offender will
participate in group therapy and will obtain employment.

The offender must agree to waive certain rights and law enforcement
personnel conduct random unannounced searches of the offender's home
to ensure that the offender is not engaged in illegal drug activity.
Offenders are required to share in the costs of the drug court
treatment program; failure to do so will result in termination from
the program. Additionally, offenders who participate in the drug court
treatment program are generally required to perform acts of community
service. Participants who fail to adhere to the requirements imposed
by the drug court treatment programs are subject to
incarceration.

Programs Are Highly Successful Currently, there are 26 drug court
treatment programs in Virginia. Most courts that have implemented drug
court treatment programs believe that these programs are highly
successful. Graduates of the drug court treatment programs have stated
that as a result of these programs, they are no longer drug dependent.
Preliminary data indicate that the recidivism rate for offenders in
drug court treatment programs is significantly lower than the
recidivism rate for drug offenders who did not participate in such
programs. The Supreme Court of Virginia has commissioned a study that
will determine the effectiveness of drug court treatment programs.

In 2004, the General Assembly of Virginia passed the Drug Treatment
Court Act. Pursuant to this Act, the administrative staff of the
Supreme Court of Virginia is responsible for providing oversight,
technical assistance, and training to drug court treatment programs in
this Commonwealth. Additionally, the Act created a Drug Treatment
Court Advisory Committee that will monitor and evaluate the
effectiveness and efficiency of drug court treatment programs.

I commend Governor Mark Warner, Congressman Frank Wolf, and the
members of the General Assembly of Virginia for their help in the
implementation of drug court treatment programs in this Commonwealth.
Have no illusions. Even though I believe that drug court treatment
programs are effective, the expanded use of these programs should not
be considered a panacea to illegal drug use. Additionally, violent
offenders should never be permitted to participate in drug court
treatment programs. However, the use of drug court treatment programs
is a promising step in the right direction.

Leroy Hassell is Chief Justice of the Virginia Supreme Court and a 2005
Commentary Columnist.