Pat Bellinghausen Opinion editor
At 7:30 a.m. on a Wednesday, Billings Municipal Judge Mary Jane Knisely sat at a conference table with six other members of the drug court treatment team. The Billings Municipal Drug Court debuted only two weeks earlier. But already the team was wrestling with tough decisions about which candidates should be accepted into the few remaining slots. The "team" is addiction treatment professionals from Rimrock Foundation, a compliance officer (who conducts regular drug tests of convicts), and lawyers from the city attorney and public defender's offices.
Municipal drug court offers misdemeanor offenders a second chance to avoid lengthy jail sentences. Offenders who have a history of drug addiction related to their criminal activity may be considered for drug court. The incentive is avoiding jail by successfully completing addiction treatment, staying clean and sober and following other court directives, such as getting a job. The benefit to society is that taxpayers aren't footing the bill for months or a year in jail. And, if the offender stays in recovery, he could be out of the system for good.
From jail to treatment
It was the high incidence of drug abuse and alcoholism seen in repeat offenders that prompted Knisely to start researching alternatives to the revolving door of justice and ultimately resulted in the city being awarded a federal grant for the treatment court.
Four jail inmates were among those being evaluated on the third Wednesday of drug court. If accepted and willing to participate, they would be released from jail and admitted to an intensive outpatient program at Rimrock. Each participant has to attend three-hour addiction treatment group sessions four evenings a week, plus a family treatment night, plus as many Alcoholics Anonymous or Narcotics Anonymous meetings as the judge orders.
To participate in drug court, the offender has to have already been found guilty of the offense. Because effective treatment, including after care, requires about a year, the candidate must be a person whose regular sentence could be about a year long.
The drug court assesses a nominal weekly fee from participants. Those who can afford to pay for more of their treatment are required to pay. But among the first dozen candidates evaluated, none had means to pay much. Some were unemployed.
Immediate accountability
Every one of them has to show up in court every Wednesday morning to face the judge. Knisely's voice was pleasant but firm as she questioned each person. The judge knew what they'd been doing. She had the compliance officer's report on urinalysis, the counselor's report on participation in treatment, the rehabilitation specialist's summary of job searches and housing issues. She knew if the offender had been using drugs and whether he'd fulfilled a promise to complete job applications. Flunking a drug test or failing to show up for a required test results in a sanction. Knisely hands down the ruling, but it reflects the treatment team's recommendation.
"How does it feel to be out of jail?" Knisely asked a young man standing in her courtroom two weeks after he started the drug court program.
"Awesome," he replied. He had a good week with no relapses, so he got a small gift certificate. The treatment team applauded.
"How you doing?" Knisely asked another drug court participant.
"Afraid," he answered. He didn't have a good week. The judge ordered him to perform 10 hours of community service.
Being held accountable by the judge every week is a key component of treatment court. Nobody gets lost in this system. They either stay on a sober track or they suffer consequences - even incarceration - immediately.
Drug courts around the nation have reported high rates of success in keeping addicts in recovery and preventing further criminal activity. The Office of National Drug Control Policy reported in 2003 on a study of 2,000 graduates of 100 drug courts. A year after graduation, 16.4 percent had reoffended; after two years, 27.5 percent were back in trouble. ONDCP compared that with addicted offenders who went to prison: 43.5 percent committed new crimes within a year of release and 58.6 percent were in trouble two years after their prison release.
With that evidence, the new Billings Municipal Drug Court makes a strong case for this model for combating addictions that factor into crimes ranging from drunken driving to theft and domestic violence.
Pat Bellinghausen may be reached at (406) 657-1303 or pbelling@billingsgazette.com.
