DRUG COURT

Program, The 1st Of Its Kind In The Area, Is Considered An `Intensive Form
Of Probation' And Got Under Way This Week In Greenup County

GREENUP -- Sounding at times more like a stern uncle than a judge, Lewis D.
Nicholls quizzed the defendant standing in front of him about her probation
conditions.

The woman told Nicholls she'd been faithfully reporting to her community
service job at the Community Kitchen in Ashland.

"I've checked with them, and they say you've been working hard. I've heard
some good things about you from your community service," Nicholls said.
"What I'm concerned about is you missing these Pathways appointments."

Nicholls continued through a list of probation requirements - restitution,
drug testing, Alcoholics Anonymous meetings - and admonished the woman to
adhere to them.

"Because if you don't, you know what I'm capable of, don't you?" he said.

Being the circuit judge for Greenup County, Nicholls could revoke her
probation if she doesn't follow his orders. However, he's not eager to do that.

The woman was one of three defendants chosen for a pilot drug court program
in Greenup County, which kicked off Tuesday.

The program, which Nicholls has called "an intense form of probation," is
an alternative to prison time. It is designed to keep participants off
drugs - and therefore out of court in the future - through close and
constant supervision of its stringent requirements.

Nicholls' avuncular manner on the bench is an integral part of the program,
which emphasizes positive reinforcement, he said. Since he'll be following
each case for two years or so, it's important to establish a rapport with
the participants, he said.

Nicholls and a team of court officials have been working for more than a
year to set up the program, modeled after drug courts already operating in
about half of Kentucky's counties.

"It's a time-proven method by which we can process them through the system
with a reasonable expectation of them not coming back with drug-related
charges," he said.

Compared to a 46 percent recidivism rate in Kentucky for first-time
offenders placed on probation, drug court participants show a repeat
offense rate of between 5 and 28 percent - and that's if they don't finish,
Nicholls said. For graduates, the rate falls to about 4 percent, he said.

A state study shows that for every dollar spent on a drug court graduate
there's a savings of up to $5.58 in avoided costs to society, such as
arrest, conviction and incarceration costs, child support payments and lost
earnings, said state Drug Court Manager Lisa Minton.

Established in Kentucky in 1996, drug courts have caught on because judges
are seeing that they work, Minton said.

"A testament is the expansion of the program. The judges talk to one
another and they see that the programs work and they want to try one in
their community," she said.

Nicholls has applied for a federal grant to hire a full-time coordinator
and a secretary for the program. He said he hopes to find out by October
whether he'll get it. In the meantime, the program has to run on "existing
resources."

That means everyone works a little harder, Nicholls said. That includes
himself, prosecuting and defense attorneys, probation officers and other
court workers.

Boyd Circuit Judge Marc Rosen is planning a drug court and expects to start
sometime this month, he said. He also has applied for a grant and is
seeking some local funding as well, he said.

MIKE JAMES can be reached by phone at (606) 326-2652 or by e-mail at
mjames@dailyindependent.com