“Oh Lord, not again.”
That goes through my mind every time I learn a client has died. It’s never easy, but the sense of grief is deepest when a drug overdose ends a life decades ahead of schedule.
At least five clients I was representing at the time have fatally overdosed. The real number is almost certainly higher, but cause of death isn’t always immediately clear. Most overdose victims are younger, and more often than not, heroin is the lethal drug.
Sadly, while these deaths are as tragic as ever, they’ve become less surprising. Public defender work is a significant part of my practice and many of my clients are in a very dark place. Physical abuse, sexual abuse and homelessness are all common, but by far the most frequent curse is addiction.
In my experience, most users want to get clean, but can’t maintain that long-term in the face of addiction. So are we powerless?
Perhaps not.
What if there was a program that reduces the sky-high reoffense rate among drug offenders, while also cutting the overall expense to taxpayers? Better yet, what if the state would give Brown County financial assistance to set up the program?
The program I describe is called drug court, and not only is it real, it’s a well established and proven approach. There are over 3,000 drug courts operating across the country, including in neighboring Monroe and Jackson counties.
There are slight variations between drug courts, but what I’ll describe is a typical approach. It’s meant for defendants who already intend to plead guilty and want to quit drugs for good — no dealers, nor offenders accused of sexual or violent crimes. A team, including the judge, prosecutor, a defense attorney and drug court staff, vote on whom to admit, with an eye on admitting those who are serious and keeping out anyone deceptive or even half-hearted.
Once admitted, the defendant enters a plea which is then taken under advisement, meaning the conviction is not official. Then, the participant has to walk the walk. They are required to maintain both a job and a place to live and also to stay clean. Child support obligations must be met. Therapy and classes — often led by former addicts who’ve gotten clean — must be attended.
For those who fail, their earlier plea of guilty is accepted, conviction entered, and they must serve their sentence. Those who complete the program have their cases dismissed. One might ask, “Why should we give them that opportunity?”
The short answer is that this is the best way to stop the revolving door in and out of jail. According to statistics from the Department of Justice, those convicted of drug crimes who don’t receive treatment have a recidivism rate of over 70 percent. The rate for those who complete drug court: less than 20 percent.
“But isn’t this just ‘hug-a-thug?” a skeptic might ask. Well, here are some facts to know. First, it’s not easy. Those who aren’t serious about getting and staying clean don’t last long. Not only are participants drug-tested multiple times each week, but serious participants don’t want their progress threatened by active users. Plus, for over 80 years, society’s policy has been, “Well, punish harder then!” As the ongoing opioid crisis drags on, perhaps it’s time to examine whether that policy is flawed, or at least incomplete.
Joe and Jane Taxpayer might ask, “And how much will this cost us?” Answer: “Less than now.” There are upfront costs, chiefly hiring personnel. But, these programs have been so successful that the state has resources available to help counties with those initial costs. Jackson County’s drug court received such assistance.
As for ongoing costs? According to the Indianapolis Star, housing an inmate in the Marion County jail in 2016 cost over $18,000. For the sake of discussion, let’s say the much smaller Brown County can house inmates much more economically; say $12,000. What does it cost to monitor a person on drug court? Approximately $4,000 per year according to Judge David Ashworth, who runs a drug court in Pennsylvania (see Judge Ashworth’s excellent Ted Talk on YouTube).
How would Brown County go about launching a drug court? In January, there’ll be a new circuit court judge in Brown County. If you’ll pardon a pun, the ball will then be in the new judge’s court.
It’s important to note that the judge can’t establish a drug court with the snap of his or her fingers. There are approvals (and financial assistance) to procure from Indianapolis. An ability to point to public support for a drug court will no doubt help the new judge make the case, assuming he or she is so inclined.
In light of the toll methamphetamine and heroin have had here, I suspect I’m not alone in being willing to help.
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Sources for this column:
- indystar.com/story/news/crime/2016/07/10/can-indiana-trade-overcrowded-jails-treatment-reform/85307540/
- youtube.com/watch?v=Z2GmjlpkHDo
Jacob Moore is a Nashville attorney who practices throughout central and southern Indiana. He is currently the longest serving public defender in Brown County. Send questions or comments to him through the newspaper at [email protected].
