Pubdate: Tue, 23 Apr 2002
Source: Sun Journal, The (NC)
Copyright: 2002 The New Bern Sun Journal
Contact: (252)638-4580
Website: http://www.newbernsunjournal.com
Details: http://www.mapinc.org/media/1733
Author: Francine Sawyer, Sun Journal Staff
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

DRUG COURT COULD BE ALTERNATIVE TO JAIL TIME

It was a meeting of the minds, both statewide and nationally, Monday in New 
Bern as a three-day conference began addressing the multiple facets of Drug 
Court.

Drug Court has been implemented in Craven and Pamlico counties for more 
than a year. The concept is so new many don't know about it.

A plumber who lost his plumbing license because of a drug problem took part 
in the program. He is clean and sober now, again has his plumbing license 
and is a productive member of society.

Not all of the participants are sterling successes, officials said.

Senior Resident Superior Court Judge James E. Ragan III read about the 
idea, attended nationwide conferences concerning the concept and thought it 
would be a plus for Craven and Pamlico counties.

"It's a combination drug treatment court and close-watch court," Ragan 
said. "The Drug Court monitors behavior for those who would not complete a 
normal type probation without more structure."

Ragan said defendants who qualify for Drug Court appear once a month in 
Craven Superior Court. Craven also handles participants from Pamlico County.

"They undergo drug tests at least three times a month. It is done 
randomly," Ragan said. "The participants are required to undergo intensive 
out-patient treatment, go before the Day Reporting Center, attend Narcotics 
Anonymous or Alcohol Anonymous, counseling from Neuse Mental Health Center 
and any other treatment which is available."

He said treatment was based upon the level "we feel appropriate," Ragan said.

"We" includes county probation/parole agents, district attorney's office, 
Day Reporting Center, drug counselor and criminal defense lawyer. Ragan 
said the criminal defense lawyer ensures the participants constitutional 
rights are upheld.

It is no walk in the park for the participants, Ragan said.

"We have had some parties involved who wanted out of the program," he said. 
"They said that they would rather do prison time than be in the Drug Court."

The "sentence" for Drug Court is one year.

"We do not tolerate drug or alcohol usage," Ragan said. "If anyone tests 
positive for either substance they are handed 24 hours of community 
service. If they fail a second time, it's 24 hours in jail."

The offender also has to undergo more extensive drug or alcohol rehabilitation.

The judge said that under the state's Structured Sentencing Law, which is 
almost 10 years old, the high risk offenders were back on the street, "in 
no time."

"We needed a way to more closely monitor their behavior and address major 
problems," Ragan said.

He cited a chilling statistic.

"Eighty percent of all defendants who appear in court are in court because 
of behavior connected to drug abuse," Ragan said. "For example, a person 
could write worthless checks, be involved in a string of breaking and 
entering or other criminal behavior, all because of drug or alcohol."

Wes Stewart, from New Bern, is Eastern Regional Director for Treatment 
Alternatives to Street Crime (TASC). His area covers the counties east of 
Interstate 95.

He, along with Standard Drug Treatment Courts (DTC) and the TASC personnel, 
about 300 in all, are attending the training session in New Bern.

Stewart said 50 participants have started the long process of the Drug 
Court from Craven and Pamlico. The yearlong program has netted 12 
graduates. "We haven't given up on them," Stewart said.

Ragan said if anyone in the Drug Court commits a violent crime they are out.

"Violent criminals are not in this program," Ragan said. "If they have 
committed a violent crime, they will not be in the program."

No grants were used to start the program, but in the long run, prison 
versus this strict program could save taxpayers millions across the state, 
officials said.
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MAP posted-by: Terry Liittschwager