Pubdate: Wed, 05 Jun 2002
Source: Saratogian, The (NY)
Copyright: The Saratogian 2002
Contact:  http://www.saratogian.com/
Details: http://www.mapinc.org/media/2100
Author: Jim Kinney
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

D.A. PLANS DRUG COURT FOR 2003

BALLSTON SPA -- Nonviolent drug addicts will be able to avoid jail time by 
going through a year of closely supervised treatment starting early next year.

Saratoga County District Attorney James A. Murphy III will outline plans 
for a county drug court for supervisors today.

The state Office of Court Administration will pay for an administrator for 
the program, he said. Judges, prosecutors and others will attend a training 
session in Buffalo this August.

Drug court offenders will be tested weekly. If they're found to be using 
drugs, they'll be jailed.

"The weekly testing is important," Murphy said. "It is much more intensive 
than any kind of probation."

City Court Judge Douglas Mills said judges take a much more active role 
with participants in a drug court.

"The judge is after them almost weekly to make sure they keep up treatment, 
have jobs and work on their other social problems," Mills said.

Murphy said the program will start in County Court, where felony cases are 
heard, and in Family Court where juvenile delinquency cases are heard.

Mills said he'll handle misdemeanor drug court cases from around the county 
when the program expands later next year.

Mills estimated the program will have about 30 offenders at first. He said 
there could be as many as 100 offenders in the county with drug court 
potential.

Murphy said his office will act as gatekeeper.

"It will not be open to drug dealers," Murphy said Thursday. "That includes 
drug addicts who sell drugs to support their habit."

It will be open to people charged with felony possession but not possession 
with intent to distribute. The difference between the two hinges on the 
observations of police officers and whether the drugs are separated into 
small packages for sale.

The program could be open to nonviolent offenders, such as forgers, if it 
can be determined that their habit led to the crime, Murphy said.

"It will be a plea-driven system," he said.

That means an offender must plead guilty in order to be eligible for the 
yearlong program. Murphy doesn't want to have to retain his evidence and 
witnesses for up to a year.

Mills has been advocating a drug court for a few years. He said the Judith 
Kaye, the state's chief judge, wants them in place by the end of 2003. 
Albany, Schenectady, Rensselaer, Washington and Fulton counties already 
have them, he said.

Murphy said he took his time designing Saratoga County's program and was 
careful to learn from neighboring countys' mistakes. As an example, he said 
Saratoga County's program will be run by the Probation Department.

"It was too much for judges and the Probation Department already has the 
expertise," Murphy said.

Felony offenders will have to serve five years of probation after their 
year of drug treatment.
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