Pubdate: Sun, 29 Jul 2001 Source: Oklahoman, The (OK) Copyright: 2001 The Oklahoma Publishing Co. Contact: http://www.oklahoman.com/ Details: http://www.mapinc.org/media/318 Author: Diana Baldwin Bookmark: http://www.mapinc.org/rehab.htm (Treatment) PROGRAM SURPRISES DETRACTORS Don Kerschner Jr. went fishing with his 14-year-old nephew last weekend. He hadn't been in a while because fishing hadn't been important. His drug habit took top priority in his life and in his wallet. He's now in the state's Community Sentencing Program designed to address offenders' individual needs while they remain in the community. In 16 months, the success of the program in Oklahoma County has surprised even critics who feared the program was doomed to fail or created to clean out overcrowded prisons. Kerschner, 42, of Edmond relied on drugs to escape his grief after his 15-year-old niece, Candace Kerschner, was murdered in 1998 and his sister, Dawnella Eberth, killed herself four months later. Marijuana and methamphetamines got him in trouble twice. The first time, he stayed off drugs only the 11 months he was under Corrections Department supervision. "I was in fear of (his probation officer) coming out at anytime and popping a drug test on me," Kerschner said. "I really didn't want to quit. I had too many pains of life still affecting me." Just a month after he was released from supervision, Kerschner, a heavy equipment operator, was arrested again. This time he was sentenced to the 16-month-old Community Sentencing Program where he gets drug treatment, along with grief and loss counseling. He's serving a seven-year suspended sentence. After just two months, Kerschner is singing praise for the Community Sentencing Program, a state and county government partnership that uses public and private services in community punishment of non-violent offenders. "My outlook on life is positive now," Kerschner said. "Before, I just didn't care if I got through that day. "I don't just want to get by this day, but tomorrow and the next day. I now look forward to doing things." Skeptical start The Community Sentencing Program began slowly in Oklahoma County because prosecutors, defense attorneys and judges were skeptical. The program began statewide in March 2000, but the first community punishment ordered in Oklahoma County wasn't for another two months. Oklahoma County District Judge Ray Elliott said, "We were all very skeptical, thinking this was just another program created by the Legislature to empty the prisons." Elliott is chairman of Oklahoma County's Community Sentencing Council, a nine-member board of elected officials and private citizens. "My thoughts were, as many of the parties involved, if it was just that type of program: one, we didn't want to participate, and two, it would fail like all the other programs have." District Judge Virgil Black questioned why a new community punishment program was created when the Corrections Department already provided supervised probation and some of the same programs. State funding for the Community Sentencing Program is funneled through the Corrections Department and disbursed to local councils across the state for operation of the program. Oklahoma County received $1.4 million the first year and just more than $1 million this year. Corrections Department probation officers are used in some community sentencing programs. Oklahoma County hired four of its own. "Why doesn't DOC beef up their organization that has been doing the same thing all along?" Black said. "I'm not sure that this is the best way to spend the money. I'm not sure why we did that." Views changed Attitudes have changed over time. Black and all the other Oklahoma County criminal judges now use the program. Elliott, a former prosecutor, said he changed his mind as he learned more about the program. Now, he's an advocate. "It's working, and it's benefiting the community," Elliott said. "Once I became fully educated on the program, I changed my attitude drastically, as have many other people. Oklahoma County judges have sentenced 494 people to the Community Sentencing Program from May 2000 to June 30. So far, only four people have had their community sentence revoked and are now in prison. Cherie Sales Cottrell, executive director of the Oklahoma County Community Sentencing Program, said 60 percent of the 494 offenders were sentenced to the program since April. Oklahoma County is providing each offender the needed services at an average annual cost of $1,130. Statewide, the average annual price per offender is $1,470. Elliott estimates Oklahoma County has potentially freed up 308 prison beds. The Corrections Department calculates the cost to house an inmate for a year at $16,000. "The advantage is we're doing it much cheaper," Elliott said. "We're allowing individuals to stay in the community, earn a living, provide for their families and pay taxes rather than being sentenced to prison and being a liability on the tax system." Defense attorney Ronald "Skip" Kelly has seen a change in attitude, particularly in the last six or seven months. He has had six clients sentenced under the program. "With this type of program, you're giving people an alternative to better themselves," Kelly said. "If they stay in the community and they do something worthy and good, then the community is going to be strong and have a stronger economic base." Jerry Massie, Corrections Department public information officer, said, "It certainly has an impact on our (prison population) growth rate and probably will have more as it is utilized more." Individual plan The Community Sentencing Program is designed to tailor treatment programs and counseling to the offender's individual needs under heavy scrutiny. "The difference of what we do and the traditional probation is we do a much more intensive approach with the offender as far as being involved with their treatment, but also their livelihood," Cottrell said. The program offers drug, alcohol and mental health treatment and periodic drug testing. Education and literacy needs are addressed. Offenders without a high school diplomas are ordered to get their GED. Jobs are found for those in the program without work. The program has agreements with businesses such as Mathis Brothers, Hobby Lobby, Frito-Lay and organized labor organizations to provide jobs. "We are having no problem finding employment for anyone who is physically able and doesn't have a job," Elliott said. Each defendant must score a specific percentage on the Level of Services Inventory assessment before a judge can sentence the offender under the Community Sentencing Program. The 54-question assessment is designed to identify the defendant's deficiencies and social needs, as well as the elements that contribute to criminal behavior. The offender is interviewed about criminal history, education, employment, financial status, family, relationships, substance abuse, mental health history, leisure activities and attitude. A supervision plan, which identifies an appropriate community punishment, is presented to the judge prior to sentencing. Offenders must score in the moderate range of the risk score on the assessment to be eligible for the program and have the services paid at state expense. "So, if you're a drug addict and sincerely in need of drug treatment, a single mom with three kids, unemployed, a meth freak, teeth are rotten and you score moderate on this test, anything and everything you need to address those problems, we pay for it out of taxpayer dollars," Elliott said. Elliott said when he was an assistant district attorney he remembers defense attorneys complaining their clients convicted of drunken driving for the fourth and fifth time had never been given opportunities for treatment. "Under community sentencing, no defense attorney in the future will be able to approach any district attorney with that argument because good, viable, workable programs are available," Elliott said. Future needs The future of the Community Sentencing Program will be in the hands of the Legislature. Public Defender Bob Ravitz said there is a concern that the money will run out before all the offenders are treated. Ravitz serves on Oklahoma County's Community Sentencing Council as one of the five private citizens. "The Legislature is going to have to make a determination that this is working in Oklahoma County and that they may need to fund it with large amounts of money again next year," Ravitz said. "The Legislature is going to have to decide it's better to see non-violent offenders are treated in the community." Kerschner believes he is on the road to recovery already. In July, he said he went to his niece's grave for the first time without being high. "I'm able to accept life on life's terms now," Kerschner said. "Their people act like they care. I never really had anyone who really cared about my situation in life because they had their own problems. ... "I know when I get out, my life will be totally enriched if it keeps up at the rate it's going." - --- MAP posted-by: GD