Circuit Judge R. Brent Elliott’s “From the Bench” is a series of articles designed to provide the public with a better understanding of the judicial system. The 43rd Judicial Circuit consists of five counties; Caldwell, Clinton, Daviess, DeKalb, and Livingston.
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Last month Judge Daren Adkins (Daviess County) discussed how and why the 43rd Circuit created the Drug Treatment and Employment Court (DTEC). In this article he will focus on requirements for admission, participant expectations, how participants may benefit, and successful completion requirements.
Identification of a potential DTEC participant begins with their first appearance in court. Either the Judge, Prosecuting Attorney, Defendant, or Defendant’s attorney may request an initial screening. If the Circuit Judge, Associate Circuit Judge and Prosecuting Attorney in the county where the Defendant is charged all agree the Defendant is a potential participant, he/she will be referred to Supervision Services for screening. Any Defendant may refuse screening or participation in the program.
If screening is completed a report is prepared by Supervision Services. This report and Defendant’s application for admission to the program are submitted to and reviewed by the DTEC Treatment Team. This team consists of the Treatment Court Judge, Prosecuting Attorney, Treatment Court Case Manager, Group Therapist, Defendant, Defendant’s attorney, and (as a non-voting member) the Sheriff or their designee. A majority vote determines the Defendant’s eligibility for admission. Ability to pay is not a condition for admission, but participants are expected to deposit with the Court a sum equal to twelve months fees in advance.
To be eligible for admission the Defendant must be charged with a non-violent “drug related” crime – either misdemeanor or felony – and be able to maintain full-time employment. If he/she is charged with a felony offense, they must apply before a preliminary hearing is held or waived.
If accepted, the participant will agree to the conditions set forth in the Treatment Court Contract, waive their right to a preliminary hearing and speedy trial, and execute and file with the Court a Petition to Enter Guilty Plea. All of these documents will be used to expedite the Defendant’s case should he/she withdraw or be terminated from the DTEC program.
While in the DTEC program, which can last from one to three years, the participant must be employed full-time, submit to frequent, random drug tests, attend weekly group and individual counseling, attend AA or NA at least twice per week, and report to DTEC court every week. There are four phases of treatment, each with their own requirements. The participants begin in Phase 1 and end with Phase 4.
The participant may be terminated from the program for non-compliance, an arrest for additional charges, or withdrawal. If participation is terminated, the Defendant’s case proceeds directly to sentencing.
If the participant successfully completes the program, their criminal charges are dismissed if filed as a misdemeanor, or amended to a misdemeanor and given a nominal fine if originally filed as a felony.
PERSONAL NOTE: Again, my thanks to Judge Adkins for this article. Also, special congrats to two of my neighbors. Jim and Laura Farr recently travelled to the deck of the USS Missouri (docked in Pearl Harbor) to witness the retirement ceremony for their son, Sergeant-Major Guy Wesley Farr. (32 years Army Intelligence). Laura also fulfilled a lifelong dream when she parachuted 14,000 feet above the Pacific. For the record she is not crazy. If you were married to Jim Farr for 58 years you would want to jump out of a plane too!