DRUG COURT AN INTENSIVE ALTERNATIVE TO JAIL TIME

At first the courtroom had the atmosphere of a high school
homeroom.

Some engaged in animated conversation. Others sat quietly listening to
the chatter. And a few did not interact but stared at their feet, the
ceiling or toward the judge's bench.

Then Circuit Judge Thomas Castlen took the bench and members of the
Daviess County Drug Court team settled at a table to the right of the
judge.

Again the atmosphere changed. This time it was a mixture of
apprehension and anticipation as the group of more than 20 people --
of all ages and backgrounds -- waited for the weekly session of drug
court to begin.

Those Monday morning court appearances are among the many demands
placed on anyone participating in drug court.

Drug court is a rehabilitative program that, on a case-by-case basis,
gives those charged in certain non-violent, drug-related crimes the
opportunity to become drug free, productive members of society instead
of being sentenced to jail or prison.

Judge Castlen said that those in drug court not only meet with him
once a week, but they also meet with Daviess County's drug court
coordinator weekly, attend two group sessions a week, have at least
three random drug tests a week, go to self-help group meetings three
to six times a week, hold down a job and/or attend school. They must
also have an AA or NA sponsor and be actively working on the 12-step
program.

Lora McCarty, Daviess County's Drug Court Coordinator, said
participants must keep a journal for the judge, which is somewhat
unique to Daviess County's drug court. They also have daily homework
that deals with relapse prevention.

"They are working on drug court every day," she said.

Drug court participants in the first phase of the program are also
sent to intensive outpatient therapy, which lasts four weeks.

If they are victims of sexual or domestic abuse they are sent to
counseling for that as well, McCarty said.

"This (drug court) isn't a quick fix," she said. "We work on every
issue in their life."

"We hold them accountable for everything they do," said Keith Whitney,
drug court team member and probation officer for each
participant.

"It's not an easy way out," Castlen said. "It's tough."

The drug court program lasts at least a year followed by six months of
aftercare.

During the Monday court appearance attended by The Gleaner, most of
the participants spoke to the judge about a wide variety of things
going on in their lives.

One man was preparing to start Owensboro Technical College with the
help of financial aid. A 30-something woman spoke with pride about
landing her very first job.

Judge Castlen questioned another woman about her living conditions. He
asked her if Lora McCarty needed to help her find a new place to live,
saying that the current situation wasn't good for her recovery.

Getting personal with these people as the judge did with this lady
about her home environment seems to be the norm. From all appearances,
drug court builds relationships between the participant, the judge and
the drug court team.

McCarty and the drug court team spend a lot of time with participants
and "watch them more closely," Castlen said.

"We work on an individual's values and social skills," said Tom
Foster, a drug court team member. "Sometimes, we're a sounding board."

"A lot of these people have no parents, had no parental guidance, have
been given no praise or constructive criticism," Castlen said. "They
see the judge in drug court and it's different than in the past. He
can be a father figure."

In Daviess County, the process of getting into the drug court program
starts when a defense attorney or a prosecutor asks McCarty to assess
a person's eligibility.

But the current process takes too long, Judge Castlen
said.

"I would like to have someone evaluate the arestee within a day or two
of the arrest to determine if they committed the offense because of
drug addiction," he said. The result would be to get someone into
treatment right away.

"(Currently) a person is arrested and it could be 30 days to six
months before they're indicted."

It's after the indictment that attorneys start preparing for trial and
take a closer look at the case. It takes that long for an attorney to
know the situation and become familiar enough with the person to
determine if drug court is for them, Castlen said.

"The biggest part of admission (into drug court) is a person's prior
record," he said. "If they have a significant history of drug
trafficking and assaults" they aren't eligible for drug court.

And admission into drug court does not guarantee successful completion
of the program.

Standing in front of Judge Castlen during the session attended by The
Gleaner was a man very close to being on his way out. He had been in
drug court for two years and his most recent drug test came back
positive for methamphetamine.

He vehemently denied that he had been using meth but admitted to
taking pills considered a dietary supplement.

Judge Castlen told him that in the two years that he's been in drug
court, it's been one problem after another.

"It's gone on long enough," Castlen said. "If you make the commitment
to do the work, I won't give up on you. But there's something missing."

At the close of this discussion, Castlen scheduled a termination
hearing.

Another man stood in front of the judge wearing handcuffs and an
orange jail uniform.

He had apparently been in the program for a year but had spent the
last three months in jail for an unspecified incident.

In speaking with him, Judge Castlen mentioned that he knew the man had
gone "off the wagon" by using alcohol.

"We accept that relapse is part of recovery," Castlen said to the man.
However, this person had also apparently been involved in an assault.

"That's unacceptable," Castlen told him. The sanction was a six-month
stint at a rehabilitation facility in Bowling Green.

"This is your last chance," the judge said.

Judge Castlen and drug court team members said it can be an emotional
time when some of the participants start slipping back into old patterns.

"It disappoints all of us," Castlen said. "We build up an affinity for
these participants. All of them are good people who have done bad
things. They are salvageable."

"We've been rooting for these people a year or more. They get to a
certain point and start going back, it's immensely disappointing,"
Whitney said.

"From a treatment aspect, I'm disappointed and we don't want to give
up," Foster said. "But at some point, we have to turn them loose."

"We don't give up on them until they give up on themselves," McCarty
said.

"We have those disappointments," Foster said. "And then we have those
ones -- if one makes it, it's worth it."

Some of the "ones" Foster spoke of were also in the courtroom on that
Monday.

A man who is in the last phase of the program related to Judge Castlen
that not only is he dedicating many hours to his job but to his church
as well.

"I've realized that the only way to do anything is to have God in my
life."

A woman told Castlen that her family was planning a big swimming party
to celebrate her birthday.

"I wasn't sober on my birthday last year," she said.

"When they fail, it devastates me," Castlen said. "When they succeed,
I'm proud of them.

"It never ceases to amaze me what the human spirit can overcome."