ENCOURAGEMENT IS PART OF SENTENCE AT DRUG COURT

It's not often that a criminal defendant hears, "Congratulations."

But in Dane County Circuit Judge Stuart Schwartz's courtroom,
accolades fly. Drug offenders are complimented for being promoted at
work, returning to high school, testing negative for controlled substances.

The better they feel, the more committed they become to treatment. The
more successful they are in treatment, the less likely they are to
commit new crimes, Schwartz said.

"It's all positive reinforcement. We want people walking out of here
feeling good about themselves," he said.

Dane County's drug treatment court, where Schwartz presides, was the
first in the state when it started as a pilot program in 1996.
Defendants who enter the program undergo extensive treatment and
counseling. They return to court often - weekly, at first - so the
judge can monitor their progress. Graduates typically have their
charges dismissed.

At least a dozen counties throughout the state either have or are
considering setting up treatment courts to combat drugs, drunken
driving, juvenile delinquency and even truancy. Those involved in the
programs believe they result in a better quality of life for both
defendants and communities, as well as a lower percentage of repeat
offenders.

Difficult for Milwaukee

The idea was once attempted in Milwaukee County, where 2,700 felony
drug charges were issued last year and even first-time drug defendants
often are sentenced to prison. In 1995, the county was offered a
$500,000 federal grant to set up a drug treatment court, but declined
the money despite philosophical support from both the judges and the
district attorney.

The huge volume of drug cases and the caveat that the grant money
could be used only for rehabilitation - not courtroom expenses - made
the implementation of a drug treatment court impossible, said
Milwaukee County Circuit Judge Kitty Brennan, who experimented with
the concept in her misdemeanor courtroom back then.

"The problem from the court's perspective is even worse now than it
was then. The courts are more overburdened now than they were when we
first considered this," Brennan said.

District Attorney E. Michael McCann agreed.

"I support it. I think it's a good idea, but it is labor intensive
(and) can be fiercely expensive," he said.

Because the key players believe in the concept, it's worth looking for
funding and treatment resources again, said J.C. Moore, attorney
supervisor in the Milwaukee County public defender's office. He's
hoping that someday drug treatment court can be as successful in
Milwaukee as it is in Madison.

"It's so much more cost-effective than incarceration," Moore said.
"It's one more tool that judges can use to stop something that's been
victimizing our entire community."

Initial costs higher

Making people believe treatment courts are less expensive in the long
run is a tough sell when faced with upfront expenditures. Even Dane
County's drug court, which has been used as a model around the state,
suffers from financial woes. The program's 2004 budget is $458,377,
about $75,000 of which came from a federal block grant. Officials
anticipate a shortfall of at least $25,000 for 2005 and are
considering charging a fee to participants to cover the losses.

About 70 people have a case pending in Dane County's drug treatment
court at any given time. Defendants enter a no-contest plea as they
enter the program. Most sign a nine-month contract that requires
intensive counseling, random urine screening and regular court
appearances. Case managers help them with employment, housing, family
problems and other personal issues. Those who falter along the way may
have to spend a night in jail or have their contracts extended. Those
who fail to show up for treatment or court are removed from the
program and sentenced.

On a Friday morning this fall, Schwartz's courtroom is filled with
people of varied ages and races in casual attire. There are no defense
attorneys. An assistant prosecutor is joined at the counsel table by
drug court coordinator Lila Schmidt. The judge is quickly updated on
each case. Most defendants get a smile and a kind word from Schwartz
in exchange for their hard work. A few, though, see his serious side.
One man tries to explain his positive marijuana test by telling the
judge he must have unwittingly eaten a brownie laced with the drug.

"These people are not your friends," Schwartz admonishes. "Friends
don't do things that get their other friends a felony conviction. I
was prepared to throw you out of the program today, but Ms. Schmidt
really went to bat for you this morning. I don't even want to hear
about you jaywalking."

The man hangs his head and promises to do better.

"It tends to leave you with a sense of, 'Just maybe, I'm accomplishing
something,' " Schwartz said later.

Circuit Judge Lisa Stark, who was a key proponent of bringing drug
court to Eau Claire County, shares Schwartz's philosophy. Locking
people up, she said, isn't the best way to prevent drug crimes. Even
those who work their way off long waiting lists and into treatment
while incarcerated don't necessarily succeed on the outside.

"It's pretty easy to keep people away from drugs in prison, but once
they get out, they're going back to the same family and the same
locale," Stark said.

Schwartz would like to see drug treatment courts proliferate around
the state, including in Milwaukee. He gets frustrated when people get
too caught up in the accounting.

"What is the cost of a crack-free baby, police going out on fewer
calls, a tax base of people with jobs?" he said. "It's about quality
of life and what you want your community to be."