DA PUSHES PRE-TRIAL INTERVENTION OVER PRISON

Rather than send nonviolent criminals through the "revolving door" of
prisons, 24th Judicial Circuit District Attorney Chris McCool hopes to
start a pre-trial intervention program for many criminal cases in his district.

McCool estimates that 85 percent of the cases in the district, which
includes Fayette, Lamar and Pickens counties, involve drugs in some way,
even those cases not directly related to drug usage, possession or sales.

The state Administrative Office of Courts estimates that 90 percent of
cases statewide are related to drugs.

The Legislature will consider a local bill in the current special session
that would create the program. It would give prosecutors the leeway to
allow drug users to seek help for their addictions rather than face prison
time.

McCool said the lack of beds in state prisons and inadequate funding in the
corrections budget have the state parole board releasing prisoners,
particularly nonviolent offenders, early into their sentences.

He said drug rehabilitation is a lengthy process and offenders are not
getting the help they need while in prison.

"It's not natural for a prosecutor to want to start a pre-/strial diversion
program," McCool said. "But what I'm seeing is they're going [to prison]
and they're coming back worse."

The program will be open to people accused of a drug offense, property
crime or lesser charge in which any victims did not receive a serious injury.

"Most of the people we deal with in the court system are not mean people,"
said Wayne Dunn, director of community corrections for the circuit.
"They're not bad people. Often they just get caught up in drugs."

Dunn said many criminal cases are now referred to rehabilitation services,
but the formation of this program would develop a formal practice.

"There's a lot more we could divert if we had a formal system and
guidelines in writing," he said.

Participants will work with counselors to develop a program to follow. This
could include furthering their education or seeking gainful employment, in
addition to refraining from using drugs or alcohol and attending a
counseling program.

McCool said participants will be forced to stick with the plan or they will
be prosecuted. Offenders must also pay restitution to their victim.

Dunn said the public perception of drug offenders used to be that
prosecutors should lock them up and throw away the key.

Corrective programs like pre-trial intervention and "drug courts" are now
becoming more common. The city of Fayette started a drug court earlier this
year.

"I think the public perception has changed to eget him some help and try to
help him become a productive citizen'," Dunn said.