DRUG COURTS FIGHT DRUG, ALCOHOL CRIMES WITH TREATMENT PROGRAMS

CHARLOTTE, Mich. - Gabe Jones took his first puff at age 11.

It was no big deal to smoke a joint every so often. He laughed with
his buddies and played video games.

Seven years later, Jones lost a full-ride college scholarship because
he was severely addicted. He smoked marijuana in the morning, on the
way to work, on the job, after work, at night and before bed.

"It was to the point of like being an alcoholic," he said. "I was
dependent on weed. I did anything just to get it."

When Jones, 22, was arrested a third time for drug possession in
March, Eaton County prosecutors gave him a choice: do time or enter a
drug treatment court.

Now Jones is clean and back in school. He attends substance abuse
counseling and meets with a Marijuana Anonymous group. And once every
two weeks, he visits a judge who checks his progress.

The story of Jones is something the state hopes to repeat with other
nonviolent substance abusers who break the law.

On Jan. 1, a new law takes effect to foster the expansion of drug
treatment courts -- also known as DUI or sobriety courts. It allows
circuit, district and juvenile courts statewide to create more
cost-effective treatment programs, which offer nonviolent offenders an
alternative to incarceration.

The law aims to ensure the courts operate consistently and effectively.

"It is a symbol of their emergence and integration into our justice
system," Michigan Supreme Court Chief Justice Maura Corrigan said in
an interview. "They have just caught on like wildfire everywhere
because they hold such promise to stop the revolving door" of drug and
alcohol abusers cycling in and out of the system.

The courtroom, a sometimes impersonal and harsh place where time is
short and patience thin, is different one day a week in Eaton County.

One recent Wednesday morning, participants waited their turn as Judge
Harvey Hoffman checked their progress with help from a probation
officer and treatment counselors.

He was especially worried about the holiday season, a difficult time
for recovering alcoholics and addicts.

"What are your Christmas plans?"

Hoffman posed the question to 22 participants -- 14 men and eight
women -- before asking about Alcoholics Anonymous sponsors, drug
screenings and therapy.

The dialogue varied.

A good number of offenders were doing well, and the probation officer
and counselors made positive remarks about their progress. They had
submitted breathalyzers on time and embraced treatment.

Hoffman offered words of encouragement.

"A lot of the people haven't succeeded much in their lives," he said
later. "A lot of the time, just telling them that you appreciate them
goes far."

Others, however, were defiant.

A female drunken driver who had a recorded blood-alcohol level of
0.39, nearly five times the legal limit, was sent to inpatient
treatment because she was not complying with terms of her probation.

A young man failed to get a drug screening and two breathalyzers.
Because it was his seventh minor violation, he got 12 days in jail.
The judge allowed him to keep working, but he must stay in jail overnight.

Today, 50 drug and alcohol courts operate in Michigan with another 14
in the planning stages.

The new law is a nod to their success. Drug courts started as pilot
projects with seed money from grants. Now they will be formally
recognized under state law with guidelines, and every county will be
authorized to create the programs.

Finding the money to do that is another story. The state has about $6
million in funding, which has remained stable in recent years despite
a 15 percent cut to other judicial funding. Offenders pay for
treatment and other services if they can afford it. Some counties are
setting up private donor funds as well.

But the concern is that with more courts in the pipeline and local
governments getting fewer state revenue-sharing dollars, there will be
less money to spread around. Some observers think some courts now in
the planning stages won't open and some existing ones will close.

"It's the reality of life in Michigan in this day and age," Hoffman
said. "There comes a point when the budget will turn around. It hasn't
yet."

Hoffman and other advocates say the argument for funding the drug
courts is easy to make once someone sees the results.

Defendants who abuse drugs often are locked up, with the hope that
they'll kick their habit while in jail or prison or on probation. But
40 to 60 percent usually commit another crime once they get out.

The problem, according to Kent County Judge Patrick Bowler, is that
courts have not been addressing the underlying issue of substance abuse.

Bowler, who oversees a drug court, says 80 percent of all inmates have
substance abuse problems; 70 percent of domestic violence offenders
are under the influence of drugs or alcohol; and 66 percent of those
in jail test positive for illegal drugs.

While protecting the public is crucial, rehabilitating the defendants
is important too, Bowler said.

"The criminal justice system never effectively dealt with drug addicts
and alcoholics," he said. "Frankly, they plague our
communities."

Studies show that drug court participants, especially graduates, have
a lower chance of committing another crime and are more likely to stay
in treatment, which typically lasts at least a year, sometimes two.
Another advantage is financial: Drug courts save money.

It costs $40 per day to incarcerate someone. Drug courts cost between
$8 and $14 per person per day.

"It has cost-effectiveness that is critically important in these tough
budget times," said Corrigan, the Supreme Court justice who oversees
the state's court system.

Drug courts reform offenders with a carrot-and-stick approach. If an
offender stays in the program and out of trouble, the charges will be
reduced or dropped. Those who quit or get kicked out face a conviction
and incarceration. Offenders often must pay the cost of participating
in the program.

Unlike in other courts, a relapse does not mean the hammer will fall
completely.

A violator might get a weekend in jail instead of 90 days and a
permanent criminal record. Rather than handcuffs, he might wear an
ankle bracelet that can alert authorities if he's using alcohol.

Larry Sasse, 57, has received both penalties in Eaton County's DUI
court program.

The real estate company owner spent the 2003 Labor Day weekend in jail
after being picked up twice in one week for drunken driving. When he
slipped up and had a few drinks last Valentine's Day, he got 10 days
in jail with work release.

"I could be in the Jackson prison," Sasse said. "With what they put me
through, I've become a better person. The sanctions are there for a
reason. They're there to help you, as hard as that may seem."