DRUG COURT: NEW HOPE FOR THE 'SICK AND TIRED'

Repeat Offenders Soon To Have Another Option

LANCASTER COUNTY, PA - Drug addiction can bend the knees of the powerful
and squeeze tears from the strong. It takes its victims to the darkest
corners of their souls and strips them of their innocence.

After 17 years of dealing with crime, which often is an outcome of
addiction, former President Judge Michael A. Georgelis put an idea in
motion two and a half years ago that was brought to him by members of the
Lancaster County probation department. Parole/probation officers, who serve
on the front lines of the war on drugs, asked Georgelis to implement an
adult drug court as a way to combat the revolving door through which the
same petty criminals pass year after year.

Tuesday, Lancaster County's drug court opens with Judge David L. Ashworth
presiding. Ashworth will take on his new role in addition to his other
duties as civil court judge, criminal court judge, juvenile court judge and
discovery court judge.

The idea of drug court, he says, is to bring a measure of hope to the
hopelessly addicted.

"This is by no means an easy way out," Ashworth said. "That is the farthest
thing from the truth. If you think that, then drug court is not for you.
Drug court is for people who are sick and tired of being sick and tired."

In every case, the easy way out would be to plead guilty to the crime and
accept the punishment, which would most often be a period of probation.

"Unless the district attorney is willing to recommend a person for drug
court, they're not going to get in," Georgelis said. "This individual also
is going to plead guilty. This is a postplea program that allows the
commonwealth to secure penalties should the individual be discharged from
drug court."

Penalties will be severe for those who are expelled from drug court by
Ashworth. Grounds for dismissal from the program include failure to comply
with the rules, the commission of a crime while enrolled in drug court or
repeatedly relapsing into drug abuse. In most cases, the defendant will be
taken to jail to serve a maximum sentence.

The reward for successfully completing drug court, however, will be
substantial, the judges say. Besides becoming free of drugs, drug court
"graduates" will have their record cleared of their crime.

The goals of drug court are to improve public safety, reduce drug-related
criminal recidivism, save taxpayer money and improve the lives of its
participants.

Lancaster County District Attorney Donald Totaro, known throughout the
state for his tough-on-crime approach to prosecution, admits he was cold to
the idea of drug court when Georgelis first asked him to look into the
merits of the program.

"I was extremely skeptical," Totaro said. "But looking at the success of
the program in other counties, I was hard-pressed to find a drawback.
Defendants only graduate from drug court if certain criteria are met. This
office has control over who goes in, and we have recourse if they fail."

Totaro said he took the drug court proposal before the Lancaster County
Chiefs of Police Association to receive feedback from its members.

"It was very well received," he said. "Many law enforcement officials told
me that they believed this was a long time in coming."

The terms and conditions imposed by drug court are much more stringent than
if the defendants just came in and pleaded guilty, Totaro said.

"Drugs and/or alcohol seem to influence most of the cases we have in this
office," Totaro said. "If we can reach low-level offenders before they
graduate to more serious crimes, then it is an investment worth making. If
we find that the program is not succeeding, then it can be eliminated."

Ashworth and Georgelis said they hope that after Totaro sees success, he
will expand the program to include a larger number of candidates. Georgelis
said there are already close to 1,000 people who would qualify for drug
court. Only 50 will be accepted in this first year.

"Expansion is completely dependent upon the success of this program,"
Totaro said. "We will analyze the graduation rate and the recidivism rate.
If over time graduation is high and recidivism is low, that's when we'll
re-evaluate our eligibility requirements."

Drug court is a four-step process that begins with the defendant's first
court appearance before a district justice.

If a defense attorney believes a client to be eligible for the program, an
application is filled out and submitted to drug court coordinator Mark
Mowery. If Mowery agrees, the form is forwarded to assistant district
attorney Cheryl Ondecheck, who will handle all drug court cases.

If Ondecheck recommends the defendant be admitted to the program, the
process of recovery begins with a guilty plea. After Ondecheck recommends
the candidate for drug court, the defendant undergoes an assessment to
confirm their addiction. Sentencing is deferred until after drug court is
completed.

To graduate from drug court, participants must complete an approved
treatment program, maintain a permanent recovery sponsor, attend at least
three drug counseling meetings per week, maintain full-time employment,
remain drug-free for 90 consecutive days and develop an aftercare plan.

Participants must also complete at least 30 hours of community service and
have no new arrests during their participation in the program. The entire
process typically lasts about 18 months.

Driving under the influence of drugs or alcohol comprises about 30 percent
of all cases entering Lancaster County's Court of Common Pleas. Of the
remaining 70 percent, nearly 75 percent to 85 percent are related to drugs
in some way, Georgelis said.

Ashworth and Georgelis both believe drug court will ultimately provide cost
benefits to taxpayers by curbing the number of repeat offenders who are
clogging the court system.

"This concept isn't new," Georgelis said. "We're not reinventing the wheel.
We used to have individuals report to the same judges, but with the number
of judges we have now, that's impossible to do. Nevertheless, as it stands,
it would be extremely rare that the court would not direct drug and alcohol
counseling through the parole system."

Funding for the program is not yet secure, Georgelis said. For now, drug
court is a pilot program.

"To qualify for federal funding, we needed to have a pilot program already
in place," Georgelis said. "Once we obtain the federal grant, it will pay
for a part-time position in the district attorney's office, a part-time
position in the public defender's office and a full-time drug court
coordinator."

About 75 percent of the costs associated with drug court are for drug and
alcohol counseling, Georgelis said. Money is in place to handle this
expense until 2006, he said.

"In Lancaster County, the cost of incarcerating an inmate is between $30
and $40 per day and about $13,000 a year," Ashworth said. "The cost of drug
and alcohol treatment is about $3,500 a year."

The district attorney's office will be extremely selective about who is
recommended for drug court, Ashworth said.

"It's easier to tell you the disqualifying factors first," Ashworth said.
"No crimes of violence, no sex offenders, no drug dealers, no crimes with
weapons and no multiple DUIs."

"We're also not dealing with people who are new to drugs," Ashworth added.
"This is for people who have been arrested for drugs in the past and are on
the verge of graduating to the next level and are exploding downward. We
want to close that revolving door."

Lancaster will be the 13th county in Pennsylvania to implement a drug court
program.