NEW DRUG COURT GIVES SOME A SECOND CHANCE

It begins with 30 days in jail. Signing an agreement with the judge
admitting the facts behind a felony drug charge follows.

Completing the judge's good - behavior requirements over 12 to 18 months -
that's the tough part.

At least, that's the expectation of the newly launched Big Island Drug
Court.

Departing the traditional approach to crime and punishment, the court gives
non - violent drug offenders a second chance to clear a felony from their
criminal record. Saving the state money in court time and imprisonment costs
are a bonus.

Diversion programs such as Drug Court cost about $8,000 per year per
offender for treatment and intensive monitoring, according to the state's
Judiciary. That's compared to about $32,000 per year per offender to be
imprisoned.

Offenders must apply to the program. But first, the mind and body have to be
cleansed.

"Jail brings them back to reality. I throw these people in jail, they'll
clean up," said Third Circuit Judge Ronald Ibarra, who also is the drug
court's West Hawaii chief judge.

Since its October start, the Big Island Drug Court has seen only two
candidates enter the program successfully. Petitioning the judge to
participate is a key requirement.

Ibarra has seen thousands of defendants in his 12 - year tenure on the
bench. He does not cite specific cases, he said, but he has noticed those
appearing in his court tend to follow certain behavior patterns. Some are
honest, some not.

Experience in observing these patterns helps a Drug Court judge assess the
potential for success an applicant might have in completing the program, he
said.

But results won't be known until the first people graduate. The court has
been convening less than two months.

Funding is available for a total of 50 Big Island men and women to
participate in the program. Two probation officers have been hired to keep
full - time tabs on the offenders.

Failure to meet requirements of drug - treatment programs, or returning to
associations with known drug abusers, can result in the boot and instant
incarceration.

"Drug Court gives a chance for the defendant" they likely would not get in
prison, Ibarra said. "Going to jail is not going to resolve their problems."

The leeway allowed a Drug Court judge permits assessment of character and
the willingness to change to an extent not often seen in traditional court.

"It's more informal," Ibarra said. "People walking by (in the courthouse
hallway) might hear cheering and clapping inside."

Each Drug Court participant must appear before the judge each week and
answer questions on his or her activities, associates and work during the
previous seven days. The court's probation officer is assigned the task of
talking daily, sometimes several times per day, to each offender.

Only 25 cases will be assigned each officer, Ibarra said. That's compared to
the "average 150 cases of probation officers" in traditional court, Ibarra
said.

"You can't be successful (in drug treatment) seeing a person just once per
month," he said.

Federal funding supports the Drug Court program in a critical area, Ibarra
said. Three mainland training sessions of three days each with two judges,
two prosecutors, two public defenders, a drug rehabilitation provider and a
statistician were federally funded, Ibarra said.

The statistician is a key member of the team.

"We intend to track them after they complete treatment," Ibarra said.

Recidivism, the rate of offenders returning to criminal behavior and back
into the justice system, tend to be significantly lower through a Drug Court
than standard imprisonment, according to The Judiciary. The department's
public affairs department was not able to provide specific recidivism data.

Convening at 9 a.m. each Tuesday in Ibarra's courtroom in Kealakekua, the
Big Island Drug Court is open to the public.