DRUG MONEY

Dallas County's Innovative Divert Court Program Is Caught In A Budget Squeeze

A popular Dallas County court program that successfully treats first-time
drug offenders instead of shipping them off to prison is almost out of
money and could be dramatically scaled back later this year unless state
legislators find big bucks, those who are involved in the program say.
District Judge John Creuzot, an original advocate of the 5-year-old Dallas
County drug treatment program, says program administrators tried all sorts
of different avenues to secure additional federal funding but were
unsuccessful. Creuzot now is among those local officials who say they are
worried about whether exhausted federal funds will be replenished through
the state Legislature this session.

"We've applied, and applied and applied for different federal monies and
been turned down," Creuzot says. "We've done almost all we can, so I'm just
hoping for the best."

The DIVERT program (see "Behind the Curve," July 20, 2000) is in jeopardy
of being cut back because the original federal money is almost gone. For
the first four years, $600,000 in federal funding was only supposed to
start the innovative effort, not sustain it. Creuzot, DIVERT project
director, says he's now left with just two other major sources of potential
funding, the county or the state.

The county, like most other government entities right now, is strapped, he
says.

"They are cutting back not adding to," he says. "When you consistently are
told there is no money and everybody is cutting back, cutting back, cutting
back, to be honest with you, we haven't asked for anything.

Every time I go there, Commissioner [Jim] Jackson reminds me that we don't
have any money." So, the Legislature, which is currently in session, will
likely decide if nine existing or proposed drug courts will get about 15
million additional dollars. If no more money is found, the nine large Texas
counties that by law are supposed to have drug courts would only get about
$750,000 between them. That could leave Dallas about $200,000 short and
could reduce participation to 100 offenders, about half of this year's
number, who could be treated through DIVERT, a court administrator says.
Creuzot says that for those reasons he's closely watching developments in
Austin. "It's a big concern of mine not knowing where the Legislature is
going to come out on all this," Creuzot says. "It's hard for me to say. I
mean, I know we've got friends and allies down there, but when it gets down
to the real money, what's going to happen, I don't know. So yeah, I'm
worried about it." Drug courts like DIVERT set out conditions for
eligibility that take into account such things as criminal history, amount
of drug found on an offender by police and an offender's willingness to
participate in drug treatment. Before drug courts, judges such as Creuzot
often had little choice but to sentence to prison even nonviolent offenders
who were caught with a relatively small amount of an illegal drug. Creuzot
stands out and is credited with taking personal interest in DIVERT
participants, and he says he believes that has helped build self-esteem in
those seeking to get off of drugs. The Dallas program is lauded for more
than just keeping first-time drug offenders out of prison.

Probably the most impressive thing about the program is that statistics
show it is actually doing some good by getting addicts off of drugs and
helping them avoid second arrests on drug-related charges, Creuzot says.

A study produced by Southern Methodist University last year and one
produced by the Criminal Justice Policy Council this year both show that
the DIVERT program keeps significant numbers of drug offenders out of prison.

The studies used different methods of calculating success rates, but both
said a large percentage of DIVERT graduates stayed out of trouble for a
year after treatment. The SMU economics department study said just 16
percent of DIVERT graduates were rearrested compared with 50 percent of
those who received no drug addiction treatment.

"Quite frankly, I was floored by the results.

I had no idea they would be that good," Creuzot says. "The difference
between those who did not get in and those who completed the program was 68
percent reduction in recidivism." Those same studies have shown that
keeping drug offenders out of prison also saves millions in taxpayer
dollars, a statistic that helps drug-court advocates argue for funding,
Creuzot says.

"It's not only a savings, but it works better than anything else we do," he
says. "For every dollar spent, there is $9.34 in savings." Though local
officials say they are worried about what might happen to the program if
the state does not come up with money, the Legislature is not ignoring
success, particularly when it involves saving money.

In fact, state Representative Ray Allen says that while he is well aware of
this year's budget constraints, he is far more optimistic about drug-court
funding than local officials such as Creuzot are.

Allen says he believes the state will find the additional millions for
continued funding of the drug courts like the one in Dallas. A bill that
could free up some federal drug money has already passed the House, and a
variety of other sources of funding still are potentially viable, he says.
"I'm not unconcerned in a budgetary crisis...but I have received assurances
from those that normally you'd have to receive assurances from that this is
a priority and that funds can and will be made a priority," he says. "I'm
pretty confident that we're going to have funding for drug courts.

It's a high priority for the members of both the House and Senate, and it
has been a high priority of the governor."