Don’t Abandon Drug Court

Anyone who has battled addiction or watched another person fight the demons understands how difficult it is to break free of drugs. Willpower alone is not enough. Professional help, including counseling, is one good tool. For many addicts, the threat of prison is a prime motivator.

Orange County judges defended the county’s Drug Court during the campaign for Proposition 36, arguing that the threat of jail was one reason the court was successful after its establishment six years ago. But when Proposition 36 went into effect July 1, with no threat of jail, judges expressed concern that lawyers for defendants in drug cases would opt for treatment under the terms of the proposition rather than Drug Court. The judges say the absence of the prospect of jail time is the reason the drug diversion program established in the county under Proposition 36 has produced such poor results.

To their credit, Orange County criminal justice agencies spent months planning the best way to cope with Proposition 36. The result was a pilot program they launched in March, well before Proposition 36 took effect.

This diversion program in Orange County is running a 40% failure rate in the four months since it began. The failure rate for the Drug Court has been 22%. The comparatively high failure rate for the diversion program so early on is troubling.

More than 700 defendants took part in the counseling program after it began; roughly 300 did not complete treatment. They either stopped showing up for meetings or began using drugs again or were arrested for new drug offenses, according to officials involved in the program. That high failure rate prompted concern by some judges and prosecutors that Proposition 36 is all carrot and no stick. Under Proposition 36, nonviolent offenders convicted of possessing drugs for personal use are placed on probation and in treatment programs paid for by the state. Those who sell or manufacture drugs do not qualify.

Superior Court Judge Ronald P. Kreber said many of those eligible for treatment under the new program had been addicted to drugs for years. That is a likely reason for the high dropout rate. However, the pilot program was voluntary and required those enrolling to pay for their treatment, which was expected to be an extra incentive to complete the program. Since July 1, Proposition 36 programs have been paid for by the state.

One flaw in the new program that took effect July 1 is a restriction on using any Proposition 36 money on drug testing for offenders in treatment programs. Those administering treatment programs say that testing is necessary to determine who is relapsing and who remains clean.

Orange County judges involved in Drug Court say those who finished the program told them the threat of jail was important. Those deemed eligible for Drug Court were given suspended sentences and warned they could wind up behind bars if they failed the frequent tests or if drugs turned up during searches. Probation Department workers monitored those in the program closely, another check on illegal activities.

The valid concern of judges is that addicts will opt for Proposition 36 programs rather than Drug Court, meaning in many cases that those charged with crimes will never show up in court until they are caught again. As it stands, the Drug Court exists alongside the system put in place by the initiative. Unfortunately, there is no guarantee that it will continue to be effective. The state legislative analyst reported recently that in addition to its other benefits, Drug Court can be economically worthwhile by keeping nonviolent drug offenders out of state prison. The savings would be even greater were the costs of addicts in hospitals and county jails taken into account. That’s another reason to ensure that the Drug Court is not abolished.

Many who have worked with addicts caution against pronouncing Proposition 36 a failure before it has really gotten started. It’s true that the program engendered by the initiative may help some people get free of drugs without spending time behind bars. But it is clear that drug courts must be maintained as well because of their superior record.