Pubdate: Mon, 01 Nov 1999 Source: Chicago Tribune (IL) Copyright: 1999 Chicago Tribune Company Contact: 435 N. Michigan Ave., Chicago, IL 60611-4066 Website: http://www.chicagotribune.com/ Forum: http://www.chicagotribune.com/interact/boards/ Author: Art Barnum NEW COURT WILL FOCUS ON DRUG ABUSERS Dupage Effort To Target Non-Violent Offenders Hardly a day goes by in a DuPage County criminal courtroom without a defense attorney telling a judge that drug use was the cause of his or her defendant's crime. When Illinois Atty. Gen. James Ryan was DuPage state's attorney, he called drug abuse "the most serious problem in DuPage County." Now, in an effort to stem crimes caused by the use of illegal drugs, a drug court, designed specifically for the habitual but non-violent offender, will begin operations in January in the Wheaton courthouse. "The incidence of drug use and the commission of drug-related crime in DuPage County has increased dramatically," said DuPage Judge Ann Jorgensen, presiding judge of the criminal division. "The recidivism rate of these offenders is very high and has become unacceptable," said Jorgensen, who spearheaded a yearlong study to develop a local court designed to hear only drug cases. Armed with agreements from prosecutors, public defenders, judges and the police chiefs in the county, Jorgensen will preside over the drug court, starting Jan. 10. Drug courts are relatively new to the United States, and, over the past 20 years, numerous types of specialized drug courts have been tried throughout the country. Most of them now focus on drug abusers, not the sellers or suppliers. Jorgensen appeared last week before the DuPage County Police Chiefs Association to explain the program and answer questions about the drug court. "This court is not designed to deal with any drug dealers and their criminal charges," she said. "We do not want to diminish the effort to take drug dealers off the street." She said the target population considered for drug court would be non-violent, non-sexual crimes: people charged with personal possession and crimes such as theft, forgery and deceptive practices that stem from drug use. When criminal defendants first appear in regular bond court on any type of charge, they will be assessed for possible entry into the drug court program. Jorgensen said a large part of the DuPage drug court's success would be based on a system in which a person, in exchange for entering the program, would agree to plead guilty to the crime and receive whatever treatment is necessary for up to 12 months. "But sentencing for that crime would be postponed until after the treatment," Jorgensen said. "If they successfully complete the program, they would receive probation and avoid jail or prison." Among the factors for eligibility are that the defendant is deemed to be an addict and that they waive privacy rights to allow drug testing and other investigations to occur. She said some drug offenders are now eligible for treatment programs as part of their sentence, but only after they have been sentenced. Drug court will be held every Tuesday in Jorgensen's Wheaton courtroom, expanding to other days of the week as needed. On Mondays, Jorgensen will meet with assistant state's attorneys and public defenders assigned to drug court and go over each defendant. Assistant State's Atty. Jennifer Hulvat and First Assistant Public Defender William Padish already have been assigned to the drug court. "We will all know about each person before they step up in court," she said. Once in the courtroom, Jorgensen said each defendant will have to listen to every case on that day's call before anyone is excused. If someone fails to continue with treatment or has a positive drug test, which can be sought at any time or place, Jorgensen wants the others to be aware of the consequences. "The goal has to be to make this arrest the last time that the person appears in the criminal justice system," she said. Jorgensen acknowledged that the system won't be without failures. "But similar drug courts have shown a marked decrease in recidivism," she said. "Incarceration in a state prison costs the taxpayer about $20,000 a year, and treatment is a fraction of that." She also acknowledged that a person arrested for the first time for minor possession probably won't be part of the program "because the legislature has made the penalties for that type of charge a much better deal than the program can offer." Several police chiefs said their street officers were concerned about the possibility of a drug defendant getting his or her criminal record expunged if the program is successfully completed. Jorgensen said that by the time a drug offense reaches drug court, the charge is a felony, and she pledged not to expunge felony drug charges. - --- MAP posted-by: Derek Rea