'DRUG COURT' IN THE WORKS HERE

Commonwealth's Attorney Bill Markwell admits he was at first more than a
little skeptical of the idea of an adult drug court that offers certain
offenders an alternative to incarceration.

"Initially, I looked at it as a social services solution to a criminal
problem," he said. "I did not think it would work."

Neither did Henderson Circuit Court Judge Stephen Hayden.

"I thought it may be a slap on the wrist and you just send people on their
way," Hayden said.

But after attending training seminars and speaking with other judges,
attorneys and graduates of drug court programs from across the United
States, both say they've had a change of heart.

"They were very committed to the drug court and said it was working,"
Hayden said. "And by working, I mean (drug offenders) were back in society,
employed and paying their way."

"I became convinced it is an excellent program," Markwell said. "It has
great benefits, not only for the participants but to the community."

Hayden and Markwell are two of an 11-member team currently going through
training to develop an adult drug court in Henderson County.

Drug court is a rehabilitative program that, on a case-by-case basis, gives
those charged in certain non-violent, drug-related crimes the opportunity
to become drug free, productive members of society instead of sentencing
them to jail or prison.

Such a drug court program in Henderson County is in the making. "We're in
the planning stages," Hayden said. "We don't have it all put together."

The team will have its final training session at the end of July in
Olympia, Wash. Then and only then will it be eligible to apply for funds.
The federal government pays for the training. But it won't accept
applications for grants until that process is completed.

Other members of the team include David Solomon, a treatment provider with
New Choices; Roy Pullam, a drug court coordinator; Bob Mitchell with
Involvement Inc.; Al Baity, a local businessman; Jamie Duvall, a Henderson
police narcotics investigator; Barbara Patterson, an evaluator with the
University of Kentucky; Greg Sutton, a public defender; LeAnne Nantz,
Henderson Circuit Court clerk, and Jamie Hicks, who is in the treatment field.

Team members are very involved throughout the drug court process, Hayden said.

For instance, when someone is arrested on drug or drug-related charges,
Markwell, Sutton and Duvall may discuss whether the person meets the legal
requirements for drug court participation.

If the person is eligible on that level, then a treatment provider will do
screening to see if the individual meets rehabilitation requirements,
meaning: Does the person want help?

The findings from both screenings would next be presented to Judge Hayden.

Henderson County's drug court will probably be a post-plea court, which
means those eligible will plead guilty to their charges and drug court will
be part of the plea agreement.

Drug court participants will then make weekly court appearances. The team
will look at each case individually and decide upon the best treatment plan
for that person.

That could include meeting with a counselor during the day and attending AA
meetings at night.

Some may be required to get their GED while others will be asked to further
their education by taking classes at Henderson Community College.

A position will be created for a case coordinator who will be in contact
with drug court participants every day, Hayden said.

Those who don't complete the program -- which may last for a year or more
- -- will go to prison and serve the time that accompanies the charge to
which they pleaded guilty.

"This is an intensive program," Hayden said.

That's one reason the team understands that drug court isn't for everyone.

Many people won't want to put in the effort drug court requires, Detective
Duvall said.

"The drug program at its foundation is far more intensive than
incarceration," he said. For some, "it's harder to complete the program
than to complete the time in jail. A lot of people would rather go to jail."

Sutton, the public defender, said one obstacle facing the drug court team
will be in finding or creating rehabilitation programs for drug court
participants. "There's very little here," he said. "I'm hoping our group
can drive a treatment program into existence."

"The maximum treatment available in this community is 28 days, inpatient,"
Markwell said. "Most of the time, you have to have insurance and most of
our people don't."

Another obstacle that drug court may face is getting the community on
board, Sutton said.

"There's a desire on some people's part not to believe in those who are
criminals," he said. "It goes through cycles where people want to help and
then they don't want to help."

"I think it will be positive for the community," Sutton said. "I have on my
desk right now files of many people who could be assisted by drug court."

"I am completely convinced that if drug court gets support from all areas,
it will be very successful," Duvall said. "It will make a big difference in
the community."