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Local News October 24, 2008  RSS feed

Drug court coming to Cherokee County on trial basis

By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

A new type of court system that has been having nationwide success in helping people kick their drug habits and reduce crime will be coming to Cherokee County.

Known as a drug court, this fairly recent way of dealing with individuals accused of non-violent crimes linked to a drug addiction has been in existence in Spartanburg County since 2001. Its roots can be traced back to 1989 when the first court of its type was opened in Florida.

The idea behind the drug court is simple — when you help people kick the habit you help straighten out their lives.

"Drug courts are all about accountability," said Carson Fox, director of operations at the National Association of Drug Court Professionals in Washington, D.C. Study after study, he said, has shown that not only are they effective in reducing the rate of recidivism — or repeat offenses — but it's also cheaper than simply locking people away.

And those who go through a drug court program aren't simply getting a slap on the wrist, he said.

"It's much more intensive," Fox said. "Drug court is treatment integrated with the court, where the judge sees someone on a regular basis."

Assistant Solicitor Martha Jo Smith, who serves as the prosecutor in the Spartanburg drug court, will be taking on the same role in Cherokee County's planned drug court. According to the 7th Circuit Solicitor's Office, it's hoped that Cherokee County's drug court can be operational by April 1. The trial program is expected to last at least 14 months.

While drug courts can vary from county to county, defendants who plead guilty in drug court are often sentenced to suspended prison sentences, meaning they remain free of jail as long as they comply with the provisions. Drug court in Spartanburg County entails weekly hearings, during which the presiding judge keeps tabs on every participant and makes sure they're following all treatment recommendations and any special conditions, like curfews.

Infractions, therefore, are handled swiftly.

"If there are problems, we address it at that point," Assistant Solicitor Smith said of the weekly drug court sessions. The presiding judge, in this case Cherokee County Probate Judge Josh Queen, can dole out a punishment immediately, from community service to short stints in jail.

Serious violations of any rules or treatment recommendations can result in termination from the program and the defendant having to serve the remainder of their suspended prison sentence in a facility run by the state Department of Corrections.

Getting into the program is a multi-step process. Smith said solicitors and the victim of a crime have to agree and the defendant can't have any violent crimes on their record.

Treatment professionals then review the cases before they're accepted.

There are 33 people going through Spartanburg County's

drug court at the moment, so it's still a small percentage of the total amount of people making their way through the criminal court system. Overall, 164 people have been admitted into the Spartanburg County drug court since its inception and 85 have either graduated or are still active in the program, according to the Solicitor's Office. The drug court has collected more than $24,000 in restitution for crime victims and defendants have paid more than $77,000 in program fees.

For comparison, the Solicitor's Office said annual treatment of someone in drug court costs about $4,500 compared to the $16,400 it costs per year to imprison someone in the Spartanburg County Detention Center.

"Drug Court is a win/win proposition for the community," Solicitor Trey Gowdy said in a prepared statement. "The cost of treatment pales in comparison to the expense of incarceration. The offender also receives the help they need to avoid becoming a recidivist."

The program in Spartanburg County involves not only the Solicitor's Office but also the Public Defender's Office, the Spartanburg Alcohol and Drug Abuse Commission, the Spartanburg County Sheriff's Office, Cherokee County Probate Judge Josh Queen and retired Spartanburg County Probate Judge Ray Eubanks.

"The purpose of the program is to change each participant's way of living," Smith said. "Staying clean is only half the battle for them. They need to change their lifestyle and behavior. Hopefully, when someone graduates from the program, we've given them the tools."

The planned Cherokee County drug court is technically a trial program since it's not being set up permanently at the moment. It's being funded with a $150,000 U.S. Department of Justice grant and Cherokee County will have to raise an additional

$50,000 to fully fund the program. Fox, from the professional association, noted that it's typical for drug courts to start out as grassroots efforts and pilot programs before they fully take off. The end results are usually the strong selling point.

"There are studies that show drug courts work," Fox said. "And not only do they work better than anything out there, they save money. They do it better and cheaper."