YATES TO START DRUG COURT

PENN YAN - When Yates County District Attorney Susan Lindenmuth first heard
about drug treatment court, she breathed a sign of relief.

"I thought about all the people who use the revolving door - who come in,
go to jail, go to prison, go to probation and then are back out committing
crime," Lindenmuth said. "So, I sort of felt that we didn't have the right
tool to address the problem."

She hopes the new Yates County Drug Treatment Court will be that tool.

Drug court's purpose is to change the way the criminal justice system
handles people addicted to drugs and alcohol and often involved in crimes.
Its mission is to establish and maintain a cooperative effort by the
criminal justice system, treatment rehabilitation providers and the
community to reduce crime and alcohol and drug dependency while ensuring
public safety.

Instituted by the New York state courts system, drug treatment court is
slated to begin in Yates County Jan. 8. Ontario, Seneca and Wayne counties
all started similar programs this year.

Plans for the program, which have been under way since October 2001, were
presented to representatives of government, businesses, education,
churches, service and charitable organizations Thursday at the courthouse.

The program allows low-level, non-violent drug offenders to choose
treatment over the risk of prison and jail time, County Judge W. Patrick
Falvey said. Participants will sign a contract committing themselves to
completing the program, which Falvey said will provide not only addiction
treatment but also a chance to obtain a high school diploma, job training
and possible placement.

Graduation comes after 12 to 30 consecutive drug-free months. However,
failure to complete the program may result in sanctions, including writing
essays, termination from the program, community service or jail time.

Rewards are offered for reaching drug-free milestones, including the chance
of additional visitation rights for those defendants whose children are in
foster care, Falvey said.

The drug court concept started in 1989 in Dade County, Florida, where
officials recognized the revolving door and its cost to the community.

All 50 states and 62 counties in New York have - or soon will establish -
drug courts.

"Drug courts have become problem-solving courts, which are going on the
offensive by using available community resources to address this issue,
since doing it the old way is not as successful as we'd like," Falvey said.

The key to the success of drug court is that the program brings together
supervision, the power of the court and the tools of drug treatment for
immediate sanction or reward, Falvey said, adding that the participant is
accountable at every step of the program.

In the initial stages, participants will see the drug court judge on a
weekly basis. The judge will know whether a participant has stayed clean
and sober based on intensive random drug testing, which is often three
times or more per week at first, Falvey said.

"Dirty" tests bring immediate sanctions, which vary in severity. Also, a
dirty test means the participant has to begin the program all over again.

Falvey acknowledged that some may view the program as too soft. "At first
glance, the drug court may seem to be an easy alternative to jail or
prison," he said.

However, participants must first plead guilty to their crimes and
understand the sentencing parameters of successful completion or
termination. After the initial detoxification period, participants are
released from custody if they complete the program. Participants can be
ordered to complete drug court as part of their sentence or as a result of
a probation violation.

Handling things the old way was frustrating and expensive, Falvey said, and
when dealing with drug addiction, it doesn't address the root cause.

Falvey outlined some of drug court's benefits to the community, which
include a drastic reduction in drug use, less criminal activity, reduced
court costs, less overtime and an increase in law enforcement's ability to
concentrate on more serious crimes. He also noted that a clean and sober
person will be better able to work and support his or her family and pay taxes.

Falvey added that no additional funding or personnel is required to begin
the program.

"Initially, we want to make this work with what we have at our disposal and
what our strengths are and what are assets are in Yates County," he said.

Tom Streb, supportive living coordinator for the Finger Lakes Addictions
Counseling and Referral Agency, said his organization will be the treatment
provider for the drug court. FLACRA - which is about 30 years old - has an
office in Penn Yan.

Streb said he has worked with six drug court clients from around the area,
and four have had a measure of success.

"If those statistics reflect anything it's that this program is good," he said.

Howard Davis of the Yates County Sheriff's Department and Jeff Dawes of the
Penn Yan Police Department said the program will be positive because of its
proactive approach.

Dawes said the plan provides leverage for keeping the participants in
treatment, and there's a team in place to help them make changes in their
lives through counseling, job training and other programs.

"We can provide that circle of security around this person to give them a
stable lifestyle where they're substance-free and hopefully get them on
their feet and make them an employable, productive member of our
community," Dawes said.

County Public Defender Ed Brockman admitted he originally was skeptical and
thought people who used drugs and alcohol and committed a crime were
basically getting a break through drug court. He said he now realizes this
will work more than anything else because of its intensity and the team
approach with people from different disciplines being involved.