Thursday, May 13, 2010
 
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Logan County Drug Court to increase control and support for recovery from substance abuse

County legal and health care systems to separately address substance abuse

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[May 13, 2010]  A new program is ready to launch in Logan County that addresses criminally linked substance abuse. It is a team approach, initiated through the court system, that unites judges, the state's attorney's office, prosecutors, probation officers, law enforcement, mental health resources and substance-abuse counselors. Drug courts are a new, legally sanctioned, aggressive, individualized process known to get results.

As a matter of public record, in the first 90 days of 2010, police departments throughout Logan County along with the Logan County Sheriff's Department have issued public arrest reports on a total of 48 arrests involving substance abuse. Of those arrests, slightly over 50 percent were drug-related.

In addition, this statistic does not account for arrests made involving minors under the age of 18, nor does it take into consideration ongoing investigations where no arrest has been made to date.

Judge Thomas Harris told county finance committee members on Tuesday evening: "Many, many crimes are committed either by individuals who are under the influence of a substance, whether alcohol or drugs, or they (crimes) are committed to obtain funds to obtain drugs. We've recognized that simply prosecuting and imprisoning these individuals was not breaking the cycle. If there can be intervention to stop the substance abuse, you can slow the crime rate. That's what drug courts essentially do."

The state of Illinois required all counties have a drug court set up by the first of this year. The Logan County Drug Court has been under development for a year and was officially established on March 8 for the 11th Circuit Court, of which Logan County is part.

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"We're officially in existence. We just have no money," Harris said.

"This is a very effective program at getting these people away from substance abuse," he said. "If accepted, that person agrees to embark on an intensive period of probation. It is a very controlled environment from that point forward."

He went on to explain the process. When an individual who is charged with a crime is identified as substance abuser, he or she would be referred to the drug court. It will be decided there if this individual is a good candidate.

On entering into the process, individuals will be involved in weekly counseling and frequent meetings with their probation officer; give up their Fourth Amendment rights on searches and therefore can be searched, or their residence can be searched at any time for illegal drugs without warrant; and they are drug tested. They are engaged in a lot of counseling and treatment, the judge said.

Additionally, there will be once-per-week assessments before the drug court team, who will review an individual's progress over the prior week. If they have done well -- which is measured by not having had a positive drug screen, going to work or school, and being compliant with all terms of their probation -- there are rewards that they receive.

If they test positive for drugs, there are immediate sanctions. When a violation is announced in court, they are immediately taken to jail.

The chief probation officer, Kim Turner, will have a lot of work to do in this program, Harris said.

Due to the labor intensity and extensive testing costs, no more than 10 to 15 participants will be allowed in the process at a time.

Joining Harris were Turner; Jonathan Wright, first assistant Logan County state's attorney; and Patrick Timoney, public defender.

Also serving on the team and serving the court will be people from the substance abuse treatment center, Treatment Alternatives for Safe Communities, a member of law enforcement from the sheriff's office and mental health counselors.

Harris said that drug court team members have attended seminars, training and operating drug courts in Mason, Pike and McLean counties. He fully expects the Logan County Drug Court to be in operation by late summer or early fall.

The primary obstacle in getting going is funding for its operation. This is another unfunded state mandate. The state has no funds for this process. However, by statute, counties are being permitted to assess additional fees on certain criminal cases to build up a fund.

Wright explained that individuals in the program will meet more frequently with probation officers, anywhere from two to four times per week. There will be frequent drug testing, up to several times per week, all of which will be quite costly.

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Wright explained that the Logan County Board is being asked to approve two ordinances, both written in accordance with the state statute, that would authorize additional fees on certain criminal court cases:

  • A $10 assessment to be paid in a judgment of guilty or a grant of supervision on a felony or misdemeanor case.

  • A $5 assessment to be paid in a judgment of guilt or a grant of supervision for a violation of the Illinois Vehicle Code or a violation of similar provision within the county. These assessments would be found on matters judged in traffic court.

Wright clarified that the assessments are not fines, but are fees that can be collected to help offset costs incurred in the drug court.

Community health improvement plan targets substance abuse

The increasing awareness and desire to find solutions to substance abuse in our community is not only being addressed by the legal system, but also by our public health care system.

Community leaders, agencies and health care providers met this spring to assist the Logan County Department of Public Health in creating its next five-year plan. Kristi Melton, a student working on her master's degree in public health, compiled the information and facilitated three roundtable meetings during the community health assessment.

Community priorities were identified as adult obesity, diseases of the heart, tobacco and substance abuse, and oral health. As these were ranked by seriousness of the problem and the effectiveness of any current programs, tobacco and substance abuse placed third.

Some of the criteria raising concern for substance abuse were the attitudes of school children about their use of alcohol, tobacco and marijuana. The 2008 Youth Survey of Logan County students revealed that in the past month:

  • Among sixth-graders, 17 percent said that they consumed alcohol, 2 percent used tobacco, and 1 percent admitted to using marijuana.

  • Among eighth-graders, 19 percent said that they consumed alcohol, 9 percent used tobacco, and 5 percent admitted to using marijuana.

  • Among 10th-graders, the figures jumped to 43 percent who consumed alcohol, 23 percent used tobacco, and 17 percent admitted to using marijuana

  • Among 12th-graders, percentages fell to 41 percent who consumed alcohol, 22 percent used tobacco, and 15 percent admitted to using marijuana.

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More alarmingly, the survey showed that as children grew older, they felt their parents were less likely to disapprove of their use of these products.

  • Among sixth-graders, 95 percent said their parents would disapprove of their alcohol usage, and 100 percent said parents would disapprove of the use of tobacco and marijuana.

  • Among eighth-graders, disapproval ratings dropped to 92 percent for alcohol, 96 percent for tobacco and 98 percent for marijuana.

  • Among 10th-graders, disapproval ratings dropped to 84, 92 and 96, respectively.

  • Among 12th-graders, disapproval ratings dropped further to 69, 75 and 91 percent, respectively.

During the assessment process, each health problem was examined, looking for the primary risk factors, direct contributing factors and indirect contributing factors.

The group discussing tobacco and substance abuse called their first risk factor family history, and they named direct and indirect contributing factors: predisposition or hereditary, family acceptance, behavioral modeling, access to the substance itself, availability, affordability, lack of education, low self-esteem, lack of supervision, and stress.

Community acceptance and tolerance was another risk factor, with the following being some of the direct and indirect contributing factors: peer pressure, geographical location, lack of enforcement, age, social status, lack of role models, media influence, limited alternatives, accepted behavior, community tradition and ignoring the problem.

More awareness of and response to these identified health issues will be brought to the community through the plan that is now being created. Melton intends to submit Logan County's plan to the state Board of Health in October.

[By JAN YOUNGQUIST, with contributions by NILA SMITH]

The drug court model

Drug courts operate under a very specific model that combines intensive judicial supervision, mandatory drug testing, escalating sanctions and treatment to help substance-abusing offenders break the cycle of addiction and the crime that accompanies it. In 1997, the National Association of Drug Court Professionals published "Defining Drug Courts: The Key Components," designed to provide courts with a model that can be adapted to fit the specific needs of the community.

The 10 key components

  • Drug courts integrate alcohol and other drug treatment services with justice system case processing.

  • Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' rights to due process.

  • Eligible participants are identified early and promptly placed in the drug court program.

  • Drug courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services.

  • Abstinence is monitored by frequent alcohol and other drug testing.

  • A coordinated strategy governs drug court responses to participants' compliance.

  • Ongoing judicial interaction with each drug court participant is essential.

  • Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.

  • Continuing interdisciplinary education promotes effective drug court planning, implementation and operations.

  • Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.

[From http://en.wikipedia.org/]

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