An alternative to incarceration

SUSAN WADE
Posted 6/20/18

It is the rare person who doesn’t know someone who has been affected by drug dependency or abuse. As the judicial system has become overloaded with such cases, folks everywhere have wondered if …

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An alternative to incarceration

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It is the rare person who doesn’t know someone who has been affected by drug dependency or abuse. As the judicial system has become overloaded with such cases, folks everywhere have wondered if there isn’t a better way to deal with those caught in the throes of this epidemic.

Judge Ray Hamill is one of those people. Throughout his career as a district attorney, in private practice and ultimately as a judge in Wayne County, PA, he saw people being remanded to jail for drug dependency and acts associated with it. During their incarceration they received no treatment, so inevitably, when they were released, these individuals would revert to their old ways of life. It was a vicious cycle.

Drug treatment requires money, and a few years ago Medicaid funds were made available to pay for treatment while individuals were incarcerated. That posed the question whether drug treatment would have more lasting benefits outside of the confines of incarceration. 

In turn, this led to the liaison of resources from the offices of the Wayne County district attorney, public defender, mental and behavioral health, drug and alcohol commission, probation department and law enforcement. Without exception, all agreed that given the high rate of recidivism of those with drug dependencies and the high percentage of criminal activity that accompanies drug dependency, alternative measures should be considered.

“Drug treatment court” is not a new idea, having first appeared in the 1980s in Miami-Dade County, FL, to address the crack cocaine epidemic. Statistically, its appeal was its success compared to incarceration. But as folks in Wayne County have faced the fact that in some cases friends or neighbors are going to jail, the concept has become more personal than statistical.

It is not a “court” per se, but a multi-disciplinary treatment program. The program got off the ground on July 1, 2017 and the 13 available billets were filled within two months. The number of participants is limited by manpower. The program is very labor intensive and puts significant strains on the resources of the probation department as they oversee drug testing, no less than three scheduled visits and any number of unscheduled visits to each participant. The participants also meet with counselors and receive physical and psychological treatment in measures significantly greater than they would receive in jail. They also receive life-skills training.

The probation department is pursuing grant monies to expand the program; however, grant terms often preclude the expending of the funds on salaries, which constitute the highest costs of the program. There is one grant being pursued with the Pennsylvania Commission on Crime and Delinquency that would allow for expenditures on salaries. If awarded, an additional probation officer could be hired who would be dedicated to this program and would enable the program to grow to 25 participants. Currently, the probation officers involved have additional cases that are not part of this program.

If the grant is not received, Judge Hamill intends to petition the Wayne County commissioners for more funds. Although these funds would come from local taxpayers, the cost of the program is significantly less than what the taxpayers are currently paying to retain an individual in the county jail. The absolute costs have not been calculated for the program, but Hamill said it costs about $70 per day to house an individual in the county jail.

The program helps the participants learn how to live and prosper in community. “The life of a drug dependent person is vastly different than what you and I know,” said Jonathan Dunsinger, deputy chief of the Wayne County Adult Probation Department. “In the program, they experience life, day in and day out, while being sober. If incarcerated, they live in an unreal world, and when they are released, they are back in the world and told to live life like the rest of us.”

Participants cover every socio-economic class. Hamill stated, “Heroin doesn’t care about your background. The epidemic knows no boundaries, and there aren’t too many people who don’t know someone affected by the scourge.”

The program currently involves 10 men and three women ranging in age from their early 20s to the mid-50s. In addition to professional services, they are often attended to by those in recovery themselves. The medical treatment they receive is based on an assessment by the Wayne County Drug and Alcohol Commission.

This is not a program for everybody. Potential participants are drug-dependent individuals, not drug abusers. They would be determined to be in need of treatment by drug and alcohol counselors, and would otherwise have to spend a significant period of time in incarceration. To be considered for the program, there must be no history of violence or drug-dealing.

The program is designed to take about 18 months, but 20 to 24 months is more realistic, because slip-ups happen. It is a self-driven program of five phases: intake, which stabilizes the individual; treatment, going to appointments; life skills including literacy, workforce readiness and matters like keeping a checkbook and showing up on time for appointments; monitoring; and tapering, because the participants can become dependent on the team.

Ultimately, the program is about success. To date, there have been no instances of reoffending as regards criminal activity. The program leadership recognizes that relapse is part of the addiction. Few people can kick an addiction of any type on their first try (just think about smoking or dieting). But Hamill and Dunsinger both smiled as they recalled the many encouraging statements they’ve heard from the participants as they’re thanked again and again for providing this opportunity. Some participants have said that they’ve never spent the holidays sober. Others have reported that they have reunited with family after years of estrangement. Some have obtained jobs when no one, even they themselves, thought they could ever hold a job. “It’s not a straight road, but it’s full of positives,” said Hamill.

Both men agreed that this is a program worth doing, and they look forward to the day when the first class graduates. Dunsinger nodded when Hamill proclaimed “It will be a time of celebration.”

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