Drug Court in the News

Dear Friends and Colleagues:

Attached an interesting article from Sundays Miami Herald (04/15/07) emphasizing the critical shortage of judges at Miami Dades Drug Court forcing it to stop the acceptance of new cases due to the high case load.
All of us know that the success rate of people who graduate from the drug court program in terms of recidivism is remarkable.
Substance abuse and dependence is a brain disease and need to be treated medically. Nonviolent crime related to substance abuse and/or dependence should be addressed via legal and medical means and locking those nonviolent offender s up will not resolve their problems.
We all should write our local legislators to increase funding for drug courts and FSAM will play a leading role in this efforts.
Yours
Bernd


Posted on Sun, Apr. 15, 2007
Drug Court puts new cases on hold
BY LISA ARTHUR
Miami-Dade's heralded Drug Court has closed its doors to new defendants until August to give its overwhelmed judge time to whittle down his load of 2,000 cases.

The moratorium went into effect April 9, said Judge Stanford Blake, administrative judge for the criminal division.

''It's purely a numbers game,'' he said. ``There is a point in time when a case load gets too big for one person to handle and we don't have funds for another judge.''

The moratorium is a troubling development for what has been a judicial model for at least 1,400 other drug courts in 47 states and several countries.

The Drug Court, started in 1989 as the first court of its kind in the United States, has allowed thousands of defendants to go through treatment and rehabilitation programs instead of being sent to prison.

''This moratorium is very sad,'' said Judge Jeffrey Rosinek, who runs Drug Court. ``The program really works and this means that for the next four months, hundreds of men and women who could work to change their lives won't be able to take advantage of it. They'll go to court, cop a plea and be right back on the street.''

Rosinek's caseload is about three times the size of a typical circuit judge. Though he doesn't have to take time out to preside over trials, Drug Court defendants are constantly monitored and most take 18 to 24 months to complete the year-long program because of relapses.

Defendants who qualify for Drug Court have been charged with felony drug possession or purchase. Once enrolled in Drug Court, defendants go into treatment programs and have to pass regular drug screening tests. They also receive counseling, job training and other support services. Violent offenders aren't allowed into the program.

The temporary moratorium, which was first reported last week by the Daily Business Review, won't apply to pregnant women, homeless people and juveniles who are charged as adults, said Blake. Judges also will have the option of postponing until August the cases of defendants who would qualify for Drug Court so they could take advantage of the program.

The long-term solution, said Rosinek and Blake, is more resources so that the county can open a second Drug Court. In addition to a judge, the state would have to earmark money for prosecutors, public defenders and court clerks.

''It's one of those problems where you throw a pebble in a lake and watch the ripples,'' Blake said. ``It's a systemwide problem, not just a judge shortage problem.''

Other solutions might include coming up with a streamlined program that ``can give meaningful but shorter treatment and identifying if there are people who have been in the program longer than they need to be.''

Without a permanent solution, Rosinek said, the county could soon find itself back in a crisis.

''There's nothing out there that is going to stop the caseload from climbing -- it will skyrocket again,'' said Rosinek. ``The long-term solution is bringing a judge on board and adding another drug court with all the staff it needs.''