Specialty courts divert offenders from jail

Court programs in danger of losing their funding

Posted: Monday, March 22, 2010

In the past few years, Crow Wing County has initiated diversion programs aimed at keeping offenders out of jail and on the road to recovery.

Specialty courts such as drug court and DWI court have allowed numerous offenders an opportunity to work through a program toward recovery, often avoiding jail time.

Now those programs are in jeopardy of disappearing as local, state and federal governments look for ways to cut their budgets during these lean economic times.

Eric Schwab (center), a participant in Crow Wing County drug court, on Thursday spoke with drug court team members David Hermerding (left), an assistant Crow Wing County attorney, and Kaye Wilson, a Crow Wing County probation officer and drug court coordinator. Crow Wing County's drug court is in danger of shutting down due to funding cuts.

Brainerd Dispatch/Steve Kohls

For drug court, which started in 2006, cuts have already been made just to get the program through December. After that the program will fold unless more funding is found, said Kaye Wilson, drug court probation officer who has been performing coordinator duties.

"I don't have a lot of hope for it," Wilson said.

When asked about the future of drug court, David Hermerding, assistant Crow Wing County attorney and drug court team member, said:

"Unless we get funding from this federal grant program I think it will be very bleak. I think by the end of this year it will end without that."

Hermerding said cutting drug court funding may provide a short-term benefit, but it doesn't look at the money saved in the long run as people in the program turn their lives around and get out of the court system.

Drug court handles cases involving non-violent, drug-using offenders through intensive judicial supervision, case management, treatment, chemical testing and graduated sanctions and incentives. In three years there have been 29 graduates of the 18-month program. Twenty people are currently in the program.

The Crow Wing County attorney's office reported that for every $1 spent on drug courts there is a savings of $10 due to reduced jail/prison use, reduced criminality and lower criminal justice costs. Wilson noted two women gave birth while they were enrolled in the program, have since graduated and now have jobs. That's two babies that didn't have to go through social services because their mothers were in jail, she said.

"Sometimes people come back out of jail and a lot hasn't changed. Some have been in the system since they were 13 or 14 years old," Wilson said. "With drug court, we're trying to change that cycle. Our graduates are making changes. It's amazing to see.

"This program makes a difference. I've seen it make a difference and not just for the participant. It changes their families."

To keep drug court operational would require about $100,000, Wilson said. All other team members - judges, prosecutors, defense counsel, treatment professionals, probation officers, law enforcement, educational and vocational experts and community members - donate their time to the program.

Wilson said there is a possibility the state or county could come up with funding for drug court, but nothing yet has been approved.

"We never know. It's really hard being in that position," Wilson said.

Crow Wing County Attorney Don Ryan said there have been ongoing discussions concerning drug court funding, but both the state and county are facing budget reductions that could cut the program.

"We see value in them and if we can we'd like to preserve that functionality to the extent we can," Ryan said.

Carolyn Hamilton, DWI court coordinator, said DWI court is federally funded through September but she expects the program to be funded through 2011, though at a reduced budget. Hamilton was also the coordinator for drug court until her position was cut.

Like drug court, DWI court operates under a team approach with a judge, prosecutor, defense counsel, probation agent, substance abuse specialists, law enforcement and a coordinator to offer treatment, intensive supervision, random and regular alcohol and drug testing, regular and frequent court appearances and education and employment opportunities for adults charged with certain offenses.

Started in February of 2008, the DWI court currently has 23 people enrolled in the 18-month program.

"There's support there for these programs," Hamilton said. "We're just not sure what the future holds."

At the Crow Wing County Jail, Capt. Jerry Negen, jail administrator, said he's worried about the Sentence to Service program losing its state funding, which is matched by the county.

The Crow Wing County Jail currently has two state Sentence to Service programs. In 2009, nearly 19,272 hours were worked with the Sentence to Service crews. The crews do work for the county, cities in the county, the DNR, townships and other agencies.

"I understand it, the state is cutting and they can't cut prisons because, like us, they have to have a minimum amount of staff to meet regulations," Negen said. "We'll have something in place no matter what happens. No one wants to see these guys not working, just sitting around."

Ryan said the county will look at continued funding of the Sentence to Service programs.

"If you look at the hours of service and try to calculate the cost to municipalities to do that stuff, or large volunteer hours that would be needed to substitute that, you see value in it," Ryan said.

MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.



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