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News (Media Awareness Project) - US NY: Court's In Session: Drug Program Under Way
Title:US NY: Court's In Session: Drug Program Under Way
Published On:2002-05-10
Source:Leader, The (NY)
Fetched On:2008-01-23 08:17:46
COURT'S IN SESSION: DRUG PROGRAM UNDER WAY

WATKINS GLEN - Mary Pat Willock, 55, of Watkins Glen showed up in court
Thursday morning and told everyone present that she willingly waived a
number of rights guaranteed her under the standard criminal law.

Willock, who has received three charges of driving while intoxicated in the
last six months, was the first Schuyler resident to appear before the
county's new drug treatment court. It will convene at 9 a.m. every Thursday.

The court is a judicially supervised treatment program for people with a
drug or alcohol addiction who have been convicted of non-violent felonies.

"This is a radical approach. We're turning the criminal procedure on its
head," said Schuyler County Judge J.C. Argetsinger. "It's a very ambitious
program."

Once someone is found guilty in criminal court, the drug court team -
including representatives from the district attorney's office, public
defender's office, county sheriff's office, probation department and
substance abuse services - can approve them for drug court participation.

The team will meet each week before court begins to discuss current and
future drug court participants, said Assistant District Attorney John Hayes.

Several residents considering participation were also in court Thursday to
observe the proceedings. Argetsinger said about 80 percent of cases he sees
are related to, or fueled, by drugs or alcohol.

"Relapse is part of recovery. So, just because they are found to have taken
something does not mean they are automatically kicked out of the program.
But there are a number of things required of them while they are part of
the program," Hayes said.

Argetsinger repeated several times during the first session that the
program is voluntary and requires the participant to waive many of their
rights - confidentiality, prior notice of a drug test or search of personal
belongings, an attorney's presence and detention in jail for refusing
treatment.

Once people choose to participate, they must sign a contract with the judge
and attorneys stating they will report to court every week, remain
substance- and crime-free, and follow a prescribed treatment plan to end
their addiction.

Violations of the program can result in court-imposed sanctions such as
more frequent drug testing, jail time and increased rehabilitation
requirements. Extreme circumstances or failure to appear for court twice
can result in the participant being asked to leave the program. "It's very
subjective, based on the person's age, their prior history, their perceived
commitment to the program," Hayes said. Participants spend a minimum of 18
months in drug court, he said, and are slowly phased out of the supervised
treatment.

Willock's treatment plan includes three group meetings, individual
counseling, Alcoholics Anonymous meetings and weekly meetings with her case
manager from the Finger Lakes Addictions Counseling and Referral Agency.

If she completes the treatment, she will receive a conditional discharge
instead of a conviction for her class D felony, which carries a sentence of
up to seven years in state prison, Argetsinger said.

"There are many things you have to do during the week, and if they're not
done, I have the power to put you in jail. Unlike probation, where they
don't follow you and it's several weeks before you appear in court again,
I'll know within a week if you've offended, screwed up, taken drugs or
alcohol. If you don't show up, I'll put you in jail anyway," Argetsinger said.

But he admitted to the court he is not trying to punish the participants.

"I'm trying to get rid of this awful, awful thing in their life," he said,
adding that drug courts have proven effective in other counties.

Willock - whom Hayes said has been sober for about 60 days - agreed the
drug court team has been very helpful for her. She said she believes she
will succeed and hopes the court can help others as well.

"The people in the system are not punitive, they are very helpful," she
said. "When you accept that you are powerless over your addiction, someone
else takes power. In this case, it's the court, and I want to do this."
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