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Oklahoma: Drug court alternative to prison


Oklahoma: Drug court alternative to prison

Most people in these parts know the land has been purchased, and plans are under way to build a new jail in Cherokee County.

But Thea Nietfeld has a what she considers an ideal concept.

"Let's not fill up that new jail," said Nietfeld, pastor at the Unitarian Universalist Congregation of Tahlequah.

Nietfeld is a firm believer in finding alternatives to prison for nonviolent drug offenders, and is looking for a way to get the message out.

"We have well-connected people in this congregation," said Nietfeld. "We know and are known through every part of Cherokee County. If we each spoke to a handful of friends about why we support drug court, and why we think our law enforcement officials should also support it, we would have a big impact."

Allison Bigheart, of Muskogee, is a certified drug and alcohol abuse counselor who wrote the initial grant proposal for funding for drug court in Muskogee. The program has realized a high degree of success.

"In the three years I spent working in the drug program, I saw 30 clients," said Bigheart. "Of those, only two people did not graduate. One was revocated for continual drug abuse; the other died of complications from hepatitis C."

Muskogee Judges Mike Norman, Robin Adair and John David Luton reviewed drug court cases after the offender had completed one year of service.

"The judges were instrumental in not issuing court-ordered treatment for anyone until one year was up," said Bigheart. "The first year is very important to assessment. It may be that the offender's family should also be in treatment in order to ensure the offender's success. Only after we have had time to work with the offender do we find these things out."

Many judges are strict about court-ordering treatment if the client slips up in any way.

Programs like the one Bigheart helped develop have been catching on all over the state. According to a report by Deborah Smith Bailey, in "Monitor On Psychology," the magazine published by the American Psychological Association, Oklahoma City was first in the Southwest U.S. to offer nonviolent offenders an alternative to prison.

"When people with mental illnesses are arrested for trespassing, drug possession or other nonviolent offenses in Oklahoma City, they are no longer automatically sentenced to jail or probation - where their illness would probably go untreated," Bailey reported.

Instead of hard prison time, offenders in Oklahoma City can opt for a court specifically designed to give them the treatment and supervision they need. The judge, attorneys and community health organizations collaborate to coordinate treatment and ensure offenders stay on track.

In the APA report, the program was lauded by Rep. Ted Strickland, D-Ohio, a former maximum-security prison psychologist.

"It's wrong for people's undiagnosed and untreated mental illness to result in being incarcerated," said Strickland. "[Providing treatment] is more humane, it's more cost-effective and just simply the right thing to do."

This is a sentiment echoed by Nietfeld.

"Drug court and the Community Sentencing Program are examples of what I call the 'Golden Rule' justice - relating to drug offenders as dignified people who have lost control of their character and their lives, but have not been violent to others," said Nietfeld. "They need guidance, support, accountability by a community that wants them to develop into the best people they can be - like we all want to be treated when our love slips out of control for one reason or another."

Community Sentencing is a separate entity from Drug Court; however, many times a nonviolent offender is adjudicated for community sentencing.

Carla Martin, regional coordinator for Community Sentencing in Cherokee, Wagoner, Adair and Sequoyah counties, supports Nietfeld's endeavors.

"In order for offenders to change, they need positive motivation, not punitive treatment," said Martin. "If you approach offenders with an 'I can do this' interview, they are more likely to take ownership of the plan for recovery."

A detailed assessment is completed prior to community sentencing, to qualify offenders for the program.

"The assessment is completed by our office, and it entails several categories," said Martin. "We take a detailed account of the offender's family history, drug and alchohol use, mental health, financial circumstances, companions, education and who is available to aid in the support of the offender if approved for community sentencing."

Once the assessment is complete, it is provided to the appropriate judge. Martin makes suggestions and recommendations for sentencing.

"We take into consideration an individual's potential for risk, treatment and repeat offenses," said Martin. "Once eligibility is established, if the offender needs treatment, we arrange for it and pay the expense through community sentencing. We also request court-ordered GED participation to help offenders complete their education."

Nietfeld is a strong proponent of Martin's program.

"We have community sentencing to keep people out of prison, and it should be supported," said Nietfeld. "We also need a local, court-ordered discussion group for abusive partners so they can learn new ways to deal with conflict other than domestic violence. We need more mediated settlements for civil cases and for property crimes. Recognizing the benefits of drug court and community sentencing can help us changes lenses to support other alternatives to prison."

Bigheart said the difficulty in finding community support for such programs is that people with the means and influence often take a "not in my backyard" attitude about drug court and community sentencing.

"Their [the affluent or powerful] attitude is they don't want a drug court where they live because they're 'invested' in their community'" said Bigheart. "I view drug court as my responsibility to the community in which I live. Aren't nonviolent offenders members of the community?"

Martin believes if people were more aware of the cost to put a nonviolent offender in prison, the affluent might just change their tune.

"As a taxpayer, prison cost should be a huge concern," said Martin. "It costs taxpayers an average of $17,000 to $19,000 per year to incarcerate someone in prison. On the other hand, cost for programs offered within the Community Sentencing program run about $1,500 per year."

Martin believes the matter is as simple as the difference between recovery and retribution.

"People who need treatment need help in their home," said Martin. "I can't imagine having an illness and receiving successful treatment amid a bunch of strangers who really had no thought or care for my well-being. If we keep violent offenders at home, where they have support from family and community, the success rate is much better."



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