Pubdate: Mon, 05 Jun 2006
Source: Deseret Morning News (Salt Lake City, UT)
Copyright: 2006 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Linda Thomson
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

UTAH JUDGE WAS FIRST TO SEE HOW DRUG COURT COULD RESTORE LIVES

When it comes to people who break the law by doing illegal drugs, the 
solution often is to lock them up. But a decade ago, 3rd District 
Judge Dennis Fuchs heard a presentation about a different approach: 
drug court. Dennis Fuchs       Fuchs didn't invent it -- that honor 
goes to former U.S. Attorney General Janet Reno when she worked as 
Dade County's top prosecutor in Miami, Fla. However, Fuchs was the 
first Utah judge to embrace the idea and he has conducted drug court 
ever since.

The idea caught on, and now there are drug courts throughout the 
state. It's a different animal than regular court, a 
"stick-and-reward" approach, as Fuchs describes it. The criminal 
defendants who qualify and who opt for the program must follow a 
strict program of rehabilitation and, if successful, can wipe the 
slate clean with a "plea in abeyance" that removes that crime from 
their record. But anyone who messes up can be booted back to a 
traditional court process and potentially faces jail or prison if 
convicted. It has been proven nationwide that drug courts work, Fuchs 
said. "It's definitely more restorative justice.

Those individuals who reluctantly enter into treatment because of a 
court order, if kept in treatment long enough, get the idea and start 
working with the treatment to address the disease," he said. "Many of 
those individuals were given the same opportunities for treatment 
before, but without that stick and that reward, have a tendency to 
forget they have a disease and not take treatment as seriously." 
Felony drug court is usually open to criminally charged individuals 
who have no history of violence or drug dealing, and who are in the 
United States legally.

There also is juvenile drug court for for young people who are 
substance abusers and dependency drug court for parents whose 
addiction makes them unfit to care for their children. Salt Lake 
County Criminal Justice Services, which offers a variety of programs 
including help for those in drug court, conducts an assessment of 
each individual, according to clinical director Becky Barnett. Drug 
court is rigorous and usually involves outpatient treatment, 
sometimes inpatient treatment, attendance at substance abuse groups, 
individual and/or family counseling, random urine tests, community 
service and frequent court appearances so the judge can be updated on 
an individual's progress. Barnett said her agency also provides other 
programs: a class to improve communication skills, a cognitive 
restructuring class to change the way one thinks and learn to make 
more positive choices, a one-time drug education class, a one-time 
HIV-AIDS awareness class, acupuncture, and an after-care program. 
"It's quite structured," Barnett said. "It takes some work. If 
they're not ready to graduate (in an year), we extend it. If they 
start using again, they must have six months of 'clean time' before 
they can actually graduate. "The whole philosophy is to provide 
support, treatment and help to assist them in leading more productive 
and sober lives," Barnett said. Participants are expected to pay for 
their drug court treatment.

If they are indigent, they can do community service in return for the 
help. The requirements are somewhat different, but in many ways just 
as tough for those going through the juvenile drug court, according 
to 3rd District Juvenile Judge Kimberly Hornak. Among other things, 
motivational speakers are invited to give talks, including police, 
people from the medical examiner's office, members of Mothers Against 
Drunk Driving and others. "One of the comments we hear often from 
kids and parents is that one of the best parts of the program is 
hearing first hand the effects of substance abuse." In addition, the 
young offender must write his own obituary citing drug use as the 
cause of death, unless the youth is suffering from depression and 
this could turn out to be counter-productive or even dangerous, 
Hornak said. "We are very sensitive about ordering that." Random drug 
tests, frequent court visits, counseling and educational programs are 
all part of the package. In juvenile court, there are participants 
who have just dabbled in drugs but have not become addicted yet. 
"That is good, because we can get to them before they get to that 
point," Hornak said. "I believe if we try to stop juveniles soon 
enough before they become addicted, it would help."
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