DRUG COURTS OFFER REHABILITATION

Officials Say The State Programs Are Making A Dent In The Drug War

The state's drug court programs, set up to help nonviolent offenders get
treatment and stay out of prison, have become all too familiar with the
prevalence of "ice" in the islands.

The Hawaii Drug Court Program on Oahu asked participants about their drug
preferences. Of 355 men and women who responded since 1997, a whopping 81
percent, or 288, told the court that ice was their drug of choice.

"(Crystal meth's) impact is horrific," said Marcia Waldorf, presiding judge of
the Hawaii Drug Court Program.

In the past eight years, the Judiciary established six drug courts statewide,
getting treatment for nonviolent offenders as an alternative to facing trial or
going to prison.

Officials say the nontraditional way of rehabilitating addicts is making a dent
in the war on drugs.

Officials say the Hawaii Drug Court Program on Oahu, the first to be started by
the Judiciary, reflects the success because of its low recidivism rate. Since
its inception in 1996, it has a 5 percent recidivism rate, based on graduates
who are later convicted of new offenses.

The Judiciary has since expanded its drug court programs to cover juveniles and
families on Oahu and on the neighbor islands in hopes of lowering the
recidivism rate among offenders whose criminal activities are linked to drug
abuse.

"You get treatment right up front in the judicial system," said Lt. Gov. James
"Duke" Aiona, who was instrumental in creating Hawaii Drug Court on Oahu. "It's
for people who really want to change. The program will be successful if you
want to change."

Oahu's Drug Court

The program is effective because treatment is monitored by the Judiciary, said
administrator Janice Bennett.

"Our clients know that the court is keeping an eye on them," Bennett said. "The
judges' supervision is key to the program and that we have immediate access to
consequences to remind them that they have a lot at stake if they don't make
changes."

Attorneys, public defenders or probation officers refer adult offenders to the
program. Random drug and alcohol testing are conducted, as well as curfew
checks. Most in the program undergo group and individual counseling and meet
with the presiding judge once a week.

If a person tests positive for a drug, the judge gives sanctions of graduated
prison time. Bennett said a person can be terminated from the program for
continuing to commit crimes coupled with drug use. That person is sent back to
the courts to face the original charges or to prison.

She said that their criminal records can be expunged after they complete drug
court. Those on probation may be granted early completion of their probation.

Of the 612 people who were admitted to the Hawaii Drug Court Program on Oahu,
364 graduated, 139 were terminated, 88 are now in the program, 13 are in
residential treatment, three died, two absconded, two were incarcerated pending
termination and one sought medical treatment for an injury.

Of 315 graduates between Jan. 1, 1996, and Jan. 1, 2003, 5 percent were later
convicted of new crimes. Thirteen clients were convicted of crimes after they
were terminated from the program.

Hawaii Drug Court participants range in age between 18 and 56. While some
started experimenting with ice during their teen or young adult years, Waldorf
said she has encountered 50-year-old offenders who started smoking ice at age
45.

"They were people who had businesses and families and had lost them," she said.
"It's anybody."

Bennett said grandparents in the program are determined to stop their drug
addiction to gain custody of their grandchildren because their own children
have yet to overcome their battle with drugs.

"They readily say that 'my kids are using because they saw me using,'" she
said.

Juvenile Drug Court

Two years ago the Judiciary established Juvenile Drug Court to help stop drug
habits in youths before they become adults.

Juveniles, who are referred by Family Court, prefer alcohol and marijuana, with
ice as the third drug of choice. Still, ice is becoming an increasing problem
among some youths, who are starting to experiment during intermediate-school
years, said Lori Rapoza, a YMCA counselor who works with Juvenile Drug Court.

Thirty-nine juveniles were in the program as of Aug. 1. So far, 13 have
graduated while 13 were terminated from the program.

Juveniles between ages 12 and 16 are eligible for the program. According to
former administrator Nathan Foo, a majority are of Hawaiian or part-Hawaiian
descent. Foo said the relationship between the judge and the teen, along with a
supportive environment in the courtroom, is an effective part of the program.
The judge works with a team of parents, probation officers, public defenders
and therapists who monitor the juvenile's status at school and work.

"Every aspect of their life is monitored," said Presiding Judge Mark Browning.
"In my view, I think this is one of the best things within the Judiciary. It's
effective and it works. ... We support the kids and we also sanction the kids."

Since limited resources for drug treatment are available to juveniles, Browning
said he hopes more treatment facilities and programs are created for juveniles.

"We have kids at the detention home that need to be treated," he said. "Kids
have to wait two to three months to get in the program because Bobby Benson is
the only program. These are great, intelligent kids. The only limit they have
is the way they think and the drugs they're on."

Family Drug Court

Twenty-one men and women -- mostly of Hawaiian or part-Hawaiian descent -- are
in the Family Drug Court program. All cases are noncriminal and involve Child
Protective Services.

"It's such a highly addictive, damaging drug that it impairs people's ability
to make decisions so completely that they walk away from their children," said
coordinator Marcy Brown.

"The drug court program is necessary to call attention to the problem," said
Presiding Judge Bode Uale. The judge, coordinator and a team of people that
includes a public health nurse and CPS workers address the needs of the family.

The program, which started in May 2002, recently received a $1.2 million
federal grant to cover three years. Like Juvenile Drug Court, Family Drug Court
offers a supportive environment to help wean the user off drugs. The program
celebrated its first graduation in May.

Neighbor Isle Drug Courts

Over the past three years, the Judiciary has branched out to the neighbor
islands. The Big Island Drug Court, which started in October, has 36 offenders,
with 80 percent to 90 percent claiming ice as their drug of choice. A majority
of those in the program are Caucasian.

Plans are being made to set up a juvenile drug court program by early next
year. Later, officials plan to develop a "One Stop Drug Court" concept in which
a judge will monitor drug rehabilitation for both the juvenile and the person's
parent, said Kona Circuit Judge Ronald Ibarra.

Since the inception of the Maui Drug Court three years ago, 226 people were
admitted to the program, and 85 have graduated.

Drug court officials are slated to open a 14-bed female dormitory for users at
the Maui Community Correctional Center by the end of this month. The 90-day
program, similar to one that was set up for men at the prison last year, was
created to help a group of selected inmates -- parole violators and those
facing probation -- break free of their drug habit. The program has 12 men at
the prison's 24-bed dormitory that is separated from the general population.

The latest drug court for adults was established on Kauai last month and can
accommodate 20 people.

[Sidebar]

State Drug Court Funding

Funding for fiscal year 2003-2004 for drug court programs statewide. The
amounts cover staff, treatment services and basic operating costs. Judiciary
spokeswoman Marsha Kitagawa said funding is proportional to the client
population in each program.

OAHU:

Hawaii Drug Court: $1,004,881

Family Drug Court: $250,000

Juvenile Drug Court: $574,420

MAUI:

Maui Drug Court: $298,202

KAUAI:

Kauai Drug Court: $253,979

BIG ISLAND:

Big Island Drug Court: $473,089