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Drug Court Will Offer Alternatives For Defenders

Feb 19, 2003 | Headline News

Beginning Oct. 1, individuals involved in non-violent offenses in which drugs and/or alcohol are a factor will get the chance to have their cases adjudicated without possibly facing the consequences of jail time.


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Beginning Oct. 1, individuals involved in non-violent offenses in which drugs and/or alcohol are a factor will get the chance to have their cases adjudicated without possibly facing the consequences of jail time.

The Third Judicial Circuit Court, which involves Grundy, Mercer, Harrison and Putnam counties, is establishing a ?drug court,? which allows offenders a chance to enter treatment programs and, upon successful completion of the program, have their offense expunged from their record.

A drug team, comprised of Circuit Court Judge Andrew Krohn, the prosecuting attorneys and sheriffs in Grundy and Mercer counties and representatives from the Office of Probation and Parole, has been formed to develop the program, which is being established as the result of funding received through the U.S Department of Justice?s Drug Planning Initiative. Grundy and Mercer counties will have the program initially when it begins in October, however, it will eventually be instituted in all four counties of the circuit within the next two years.

Under the program, persons who break the law and in which drugs and/or alcohol may have been a factor could be given a choice of applying for a two-year intensive treatment program, designed to provide help to those individuals who truly want assistance so as not to have to come before the court in future years.

?This is something that not everyone will qualify for and for those who do, it will be very, very intensive,? Judge Krohn said, adding that offenses that qualify for the program could involve things such as bad checks or child neglect, if drugs and/or alcohol are involved.

Under the program, offenders would be required to plead guilty to a felony charge and could then apply to take part in the program. If accepted, the individual would be placed on probation and, as a condition of probation, would be required to complete the program. If the offender is successful, he or she would be released from their probation and the incident expunged from their record. If not, the worse case scenario would be that the individual would be required to complete the sentence he or she would have otherwise been given for the offense, which could include jail.

?Successful completion of the program will be decided by the court, with input from the team,? Judge Krohn said. ?We understand that from time to time there could be relapses and it will be up to the team to decide whether or not those relapses constitute that the offender can?t complete the program.?

The program participation would also include those individuals who may already be on probation but whom the team feels would benefit from the services being made available.

Although the final details have yet to be worked out, Krohn noted that he plans to have a separate day on which these cases would be taken up and, when all four counties are involved in the program, the cases would be heard at the Mercer County Courthouse in Princeton. For now, Mercer and Grundy cases will be heard in their respective counties.

Judge Krohn and Probation and Parole Coordinator Julie Harrison, who is serving as the ?team leader,? have already attended training on the drug program, with other members of the team to receive training in March and August.

Among the requirements will be the individuals appearing before Judge Krohn every Monday throughout the time they participate in the program so that their progress can be monitored by the court. In addition, random drug and/or alcohol testing will be mandated at least three times a week and counseling sessions will be required, also at least three times a week. There will also be multiple visits to their probation and parole officers as well as a requirement to attend support group meetings such as Alcoholics Anonymous and Narcotics Anonymous.

?It?s a very intensive program and we realize that many people may not want to do this,? Judge Krohn said. ?But for those who do, we will have it available.?

Krohn went on to say that the program will be flexible to allow for individuals to meet the requirements of the court.

?We will work around employment issues because we want to keep those people working,? he said. ?When they work, they are supporting their families, paying taxes and being a contributing member of society.?

Ms. Harrison noted that there has been a high success rate in courts that have used this program, most notably in Buchanan County, which has reported a success rate of around 80 percent.

?The normal rate is about 50 to 60 percent, but that?s still 50 to 60 percent of the people that we aren?t being able to help now because we don?t have something for them,? she said.

There are around 53 courts throughout the state who have a program similar to what is being implemented locally, including Linn County. Clark County and Nodaway County, which are comparable in size to the local circuit, also have implemented the program.

The court is applying for state funding through the Office of State Court Administration, which would get the program ?up and running? and Krohn said he is hopeful that a federal grant through the Bureau of Justice Assistance can be obtained to assist with ongoing costs.

?There is going to be a lot more required of a lot more people and this grant would help to cover some of those costs involved,? Judge Krohn said, noting that Linn and Clark counties have both received this funding.

?We have a revolving door right now and if we send these people to the Department of Corrections, because of overcrowding, they are being let out to come back and do it again,? Ms. Harrison noted. ?This is a program that we can offer that if a person truly has the desire to do something about their (drug or alcohol) addiction, we can have that available to them. Because until they truly want to deal with that addiction, we can?t help them.?

Meetings are planned at Trenton and Princeton to give the public a chance to find out more about the proposed drug court for the Third Judicial Circuit Court.

The Trenton meeting will be at 5:30 p.m. on Tuesday, Feb. 25 at the Grundy County Courthouse while the Princeton meeting is set for 5:30 p.m. on Tuesday, March 4. In addition to presenting information about the court, team members will be seeking input from attendees about what they would like to see in order to make the program a success.