REPORT
Judge, Bibb Superior Court
I. INTRODUCTION
In October, 1993, at the invitation of Georgia Supreme Court Justice Robert Benham, the writer joined then First Assistant District Attorney Charles Weston, Assistant District Attorney Robin Flanders, Criminal Defense Attorney Christina Hunt and Macon Probation Officer Greg Jones at an Athens, Georgia seminar on the subject of the criminal justice system's response to the drug problem in Georqia. From Judge Harl Haas, Portland, Oregon, the architect of a special drug court program in Multnomah County, Oregon, and others we heard details about drug court programs in Oregon, Dade County, Florida, and New York. After some brainstorming, our group designed a local program. Before implementing the program in January, 1994, we sought and received the support of the superior court judges of the Macon Judicial Circuit, the District Attorney, the Sheriff of Bibb County, the Chief of Police of Macon, Georgia, and the Chief Probation Officer for the Macon Judicial Circuit.
At the outset, all agreed that this would be an experimental program for fifteen months with an intake phase of nine months to begin on January 1, 1994. For administrative reasons, it was understood the court would continue certain aspects of the program through March, 1995.
In the drug court program as organized in 1994, participants were expected to attend group counseling sessions for three months, attend N/A or A/A meetings and be tested in-house for drug use. Near the end of this three-month course, the participants were subjected to independent drug screening by a nurse from the Medical Center of Central Georgia. If the participant was then drug free and had attended all of the prescribed drug counseling sessions, he/she was required to report to the Special Drug Court probation officer, James Banks, for a period of three months for random drug screening. Participants who remained drug free during this time were eligible for graduation. On the other hand, if a participant tested positive for drug use at the end of three months or during the three-month follow-up period, he/she was offered the opportunity to attend a 20 day in-patient drug treatment program operated by the local mental health center. If this program was successfully completed, the participant was eligible for graduation. From the beginning, the court decided that it would be responsible for the payment of fees associated with the 28-day program operated by Bibb County Mental Health Center.
Seventy six persons were admitted into the program. Forty six participants had no past criminal record at the time of arrest. Twenty three were on probation. Six were on parole at the time of arrest.
Thirty eight of the participants graduated. The court has continued to monitor the progress of the graduates insofar as recidivism is concerned. As of January 1, 1997, twenty six have not been arrested for any criminal offense, misdemeanor or felony. Of the twelve graduates who have been arrested, only three were arrested for felonies. All three of the felony arrests were cocaine-related. Three of the nine arrested for misdemeanors were charged with Driving Under the Influence, but no one in this group has been charged with possession of an illegal drug. Statistically speaking, sixty eight percent of the graduates have not been re-arrested while thirty two percent have new arrests. The encouragement is that only three of the thirty eight graduates have been rearrested on felony drug-related charges.
One important contribution to the program in 1994-95 was the hours of pro bono service rendered by the members of the Macon criminal defense bar.
II. THE PLAN FOR 1995-96
In October, 1995, the court restarted the Special Drug Court Program. The following is the current protocol for handling possession of cocaine and other Schedule II Drugs, felony possession of marijuana, and obtaining drugs by fraudulent means cases in the Superior Court of Bibb County.
1. Arrest. Persons arrested for the foregoing offenses and no other felony offense are released on their own recognizance in accordance with an order from the Superior Court of Bibb County. On release, the person is given a summons to appear in the Superior Court of Bibb County the following Monday morning at 9:00 a.m. Any person so arrested who has a hold on them from some other court, including the State Court of Bibb County, is not to be released to this program unless ordered by the holding court.
2. First Offenders. If the person released is a First Offender, on Monday morning, he or she is asked if he/she would waive presentation of his/her case to a Grand Jury on the condition that an Accusation be issued against him/her that will be placed on the Dead Docket provided he/she submits to a substance abuse education course and supervision for a twelve-month period. If the person successfully completes the education program, he/she returns to court to have the Accuastion lifted from the Dead Docket and Nol Prossed.
3. Persons on Probation in the Superior Court of Bibb County. If the person arrested is on probation in the Superior Court of Bibb County, a rule is issued against him/her, and he/she is told that the rule is going to be held, with the understanding that if he/she successfully completes the education program, he/she will return to court after twelve months and the rule will be dismissed.
4. Persons with Prior Felony Convictions. If the person released has prior felony convictions, on Monday morning he/she is asked if he/she would waive presentation of his/her case to a Grand Jury on the condition that an Accusation be issued against him/her that will be place on the Dead Docket provided he/she submits to a substance abuse education course and supervision for a twelve-month period. If the person successfully completes the education program, he/she returns to court and has the Accusation lifted from the Dead Docket and Nol Prossed. Persons with prior convictions for a violent felony or a conviction for selling or possession with intent to distribute illegal drugs are not given this option.
5. Persons charged with multiple felonies including Possession of Cocaine. Persons charged with multiple felonies, including one of the aforementioned drug offenses, are required to post the usual bond an appear for appointment of counsel. If plea bargaining results in a probated sentence, the person may be assigned to the substance abuse education program as a part of his/her sentence.
6. Payment of Costs. All persons enrolled in the program are required to pay a fee of $200 within three months of appearance.
7. Persons Who Say No to The Program. Any persons desiring to plead not guilty to the alleged drug offense is advised to see the Indigent Defense Committee at 9:00 a.m. on the Monday morning of his/her appearance.
8. Bench Warrant. Persons agreeing to participate in the program who fail to appear for counseling have a bench warrant issued for their arrest.
9. Administrative Hearings. Persons agreeing to participate in the program are periodically required to return to court for administrative hearings.
10. Program Planning. Program planning and support in addition to certain procedural elements are important with any program, and this court uses as a guide the information contained in a Bureau of Justice Assistance report dated November, 1993, NCJ 144531.
III. EDUCATIONAL PROGRAM
1. In-Take Session:
On the participant's first appearance on Monday morning, the option of accepting a drug educational Program or prosecution is discussed. The participant has an opportunity to discuss his/her options. with an attorney before a decision is made. If the participant opts for: the drug educational program, he/she is given an initial assessment by the Administrator or a member of the Court's staff. The participant is also advised that he/she will receive a drug screen of a comprehensive nature and return to court on certain dates prior to the beginning of the educational program.
2. Phase I:
Phase I of the educational program lasts for twenty-four sessions held on Monday and Thursday nights from 7:00 p.m. until 9:00 p.m. at the River Edge Behavioral Health Center. Drug screens are performed during the first one half hour of the educational session. If the participant successfully completes Phase I of the program, he/she proceeds to Phase II..
3. Phase II:
Phase II lasts for twelve sessions hold on Monday night from 7:00 p.m. until 9:00 p.m. All participant are expeclud to attend a minimum of four. NA/AA meetings per week. Reports on attendance at NA/AA meetings are returned to the Court. Further, certain participants are required to appear on Thursday nights for a drug screen. If the participant successfully completes Phase II of the program, he/she proceeds to Phase III.
4. Phase III:
Phase III lasts from five to six months with the understanding the participant will continue a minimum of two NA/AA meetings per week, return to court on certain Mondays for Administrative Hearings, and respond to random calls for drug screening to be performed at the Administrator's office. A drug screen is also done every Monday morning on the participant's court appearance. If the participant successfully completes Phase III of the program,he/she is eligible for graduation.
5. Graduation.
Graduation consists of an appearance in court on Monday morning when the participant receives a Certificate of Graduation and the case against him/her is Nol Prossed. As a part of the graduation process, the participant is requized to participate in an exit interview with the Administrator.
IV. THE PARTICIPANTS.
A profile of the participants for the period November 1, 1995 - November 4, 1996 reveals that of the 171 accepted in the program during the year, 116 were male, 55 female, 75 were white, and 96 were black. The average age was 27. Fifty-four had a prior non-violent felony conviction.
The participants paid a total of $16,500.00 into this court on the basis of $200 per person. Further, eleven participants performed forty hours each in community service work in lieu of paying $200.
Twenty-two of the first forty-eight participants eligible for graduation actually graduated from the program and had the charges against them dismissed. This represents a graduation rate of forty-five percent. The court will continue to monitor local arrest reports in an effort to determine if any of the graduates becomes involved with illegal drug use in the future.
The exit questionnaires provide the best evidence of the character, purpose and benefit of the Special Drug Court concept. What follows are highlights from the questionnaires completed by the first graduates.
Q: What were your expectations when you first entered this program?
... Here is a chance to get clean andeducated on drugs.
... I wanted to got free of cocaine.
... I entered entirely for the professional help. Other facilities were very expensive. My insurance would not cover drug treatment.
Q: What expectations do you have for your future now that you have completed this program?
... Stay in NA.
... To remain drug free.
... To stay clean and take life one day at a time. So pray for me.
Q: Now that you have completed this program, has it been beneficial to you?
...Yes. The program has helped me save money, stay out of trouble and focus on my life better, and I would like to thank all of you for that. I mean it. Thank you.
... My job, family, finances.
... Yes, I am a better person in every way because of this program - more responsible. I know other ways to deal with life's little problems other than using drugs. I had gotten caught up in life the last few years. Now I can say I am really a better person than I was before I ever used anything.
Final Note: The Court has a short video presentation of the first graduation ceremony under the new program that was held on September 9, 1996. The video is available by contacting the Court's office.