| UPSTATE
INNOVATION In This Issue:
Utica Drug Court: A Defendant's Perspective Diana, 32, is a participant in the Utica Drug Court presided over by Judge John S. Balzano. A single mother of boys aged 15, 14 and 13, Diana said she’d been "running the streets for about 10 years" when she was finally arrested for cocaine possession. After six weeks in jail, Diana decided to learn more about drug court. Inmates tried to dissuade her and explained that it was easier to do time rather than come to court every week to be tested. But Diana’s two aunts, drug court graduates themselves, supported her choice to try it. Speaking of Judge Balzano, Diana said: "He’s very fair. You know the consequences of your behavior. He explains it all and then it’s up to you. He knows if you are lying and you know you are lying." She learned this after relapsing four months into treatment. "If you want the help, it’s there for you. They got all the supplies you need, but it’s up to you to use them," she said. She is proud of being a better mother now. "When you’re using you don’t want to talk to your kids for that long. You tell them ‘later’ so you can get high but then later doesn’t come. Now I listen to my kids all the time. I listen to how they feel, what their problems are. They are more respectful to me now that I’m not using. I can see they are proud." Diana recently took her GED and is awaiting the results. She has been clean for six months. Judge Balzano notes: "Diana is what Drug Court is all about. Keeping a family together and helping someone regain their self-esteem helps Diana and the entire community." Monroe County Mental Health Court at Work in Rochester New York courts are often asked to handle cases involving non-violent offenders with mental health problems. The New York State Unified Court System has so far launched five courts to work with these offenders. The courts — in Rochester, Buffalo, Niagara Falls, Brooklyn and Queens — work closely with community-based organizations to connect defendants to appropriate treatment, including medication, counseling, inpatient services and housing. The goal of these mental health courts is to reduce recidivism by treating the underlying illness. Judge Patricia D. Marks, who presides over the Monroe County Mental Health Court, said she has spent a good deal of time learning "about the agencies that deal with people with mental illness, mental retardation and traumatic brain injury." The challenge is to "find just the right treatment for each individual… that balances the rights and needs of the defendant and the safety of the community," she said. "It is a very satisfying experience to be part of a problem-solving court and look at jurisprudence in a different way. We redefine the way we do business and produce better outcomes for the people in our courts and our communities." Treatment is more cost-effective than incarceration, she added, although incarceration always remains the final option if alternative approaches fail. Judge Marks meets regularly with social workers, psychiatric professionals, attorneys, probation officers, and the District Attorney’s Office to review each case. At these meetings, she learns which defendants are in compliance, whether treatment is proving effective and whether a defendant is ready for supervised release from jail or from hospitalization. The Monroe County Mental Health Court has a probation officer who carries a caseload consisting exclusively of probationers with mental health issues. This officer links defendants to treatment providers, supported housing, and case management services. Another valuable asset is a case coordinator who also works with the Monroe County Family Treatment Court. She compiles information about defendant compliance for Judge Marks and other members of the team. The University of
Rochester’s Department of Psychiatry is conducting a study of
the Monroe County Mental Health Court to determine the long-term outcomes
for defendants who have undergone treatment in lieu of incarceration. Drug Court Evaluation The Urban Institute, the Research Triangle Institute, and the Center for Court Innovation are conducting a five-year national evaluation of drug courts on behalf of the National Institute of Justice. The objectives of this project are to test the effectiveness of drug courts in general as well as to determine which specific drug court policies and components have the greatest impact on offender outcomes. An earlier statewide evaluation by the Center for Court Innovation focusing exclusively on New York’s drug courts highlighted results for several upstate programs, including those in Buffalo, Ithaca, Lackawanna, Rochester, Syracuse, and Tonawanda. One key finding of this initial study indicated an average recidivism reduction of nearly 30 percent among drug court participants over the three-year post-arrest period when compared to similar defendants who did not enter drug court. Another key finding was that immediate engagement in treatment is a strong predictor of subsequent drug court graduation. The study is available at: http://www.courtinnovation.org/pdf/drug_court_eval.pdf The current study has a national scope, including 30 adult drug courts from around the country. However, eight of these drug courts are from western New York, making it the region with the highest number of drug courts participating in the study. Those eight drug courts are in Auburn, Batavia, Lackawanna, Niagara Falls City, Syracuse, Wayne County and Canandaigua, which has both a felony and misdemeanor drug court. Other states with drug courts in this study are Pennsylvania, Delaware, North Carolina, Florida, Illinois, Indiana and Washington. The sample of drug courts was selected to achieve variation in eligibility criteria, program requirements, community settings, and treatment and testing practices. The Principles of Problem-Solving Does problem-solving
justice always require a specialized court or are its core principles
and practices transferable to conventional courts? That was the question
researchers at the Center for Court Innovation asked 35 judges from
California and New York during four focus groups, one of which involved
eight judges from Upstate.
The Office of the Deputy Chief Administrative Judge for Court Operations and Planning, the New York Judicial Institute and the Center for Court Innovation have created an advisory committee to develop a curriculum for New York state judges that incorporates many of these principles. Committee members include judges, prosecutors, defense attorneys, chief clerks and court administrators. The curriculum will be piloted with 25 to 30 judges at a training in Syracuse on May 16. To download a copy of the transferability study, visit: http://www.courtinnovation.org/pdf/collaborative_justice.pdf Rep. Jim Walsh and Rep. Louise Slaughter have obtained funds that will pay the salaries of advocates in the Integrated Domestic Violence Courts in Rochester and Syracuse. Two local shelters for battered women — Vera House in Syracuse and Alternatives for Battered Women in Rochester — are receiving $30,000 each to support their work with victims who have cases in IDV courts. These advocates link litigants to housing, counseling, and benefits and also provide an overview of what to expect in court. Advocates are based in the community and are not employed by the justice system. Both Walsh, a Republican representing the 25th Congressional District, and Slaughter, a Democrat representing the 28th District, have solid records of securing funding to support services for victims in their communities. "This support is important to all of us in Monroe and Onondaga Counties, but is essential to the women and families who rely upon the services of Alternatives for Battered Women and Vera House," said Walsh. "This funding will assist victims of domestic violence in preparation for their cases to enter the court system." This initiative relies on the coordination of federal, state and local partners to improve the court process while promoting both safety and accountability for victims, defendants and the general community. As Slaughter noted, “I consider this to be a wonderful display of what the government and community can accomplish when they work together for the safety and security of all of our constituents.” New York has 16 IDV courts. Ten additional courts are scheduled to open by the end of the year. Drug Court Trainings The Center for Court Innovation, in partnership with the Office of Court Drug Treatment Programs, will conduct two trainings for New York drug courts. One is for drug court managers. It was offered in Syracuse on Feb. 16-17, 2005. It will also be offered in White Plains on March 14-15, 2005 and Saratoga on March 24-25, 2005. The training provides judges, chief clerks and coordinators with new tools and strategies to manage drug court programs and improve outcomes. The other training will focus on drug court teams that have experienced significant turnover of personnel. It will provide new team members with information about the fundamental principles and practices of an effective drug court program. It will be offered in Rochester, May 16-17, 2005; Saratoga, May 19-20, 2005; and at the Judicial Institute in White Plains in June 2005 (date to be announced.) Frank Jordan, executive assistant for the Office of Court Drug Treatment Programs, will be identifying the drug court teams that will participate in the trainings. The National Association of Drug Court Professionals will hold its annual training conference in Orlando, Florida on June 9 - 12. For more information, visit its web site at: Additional
Trainings Court Appointed Special Advocates (CASA) for Children will hold its national conference in Atlanta April 16-19. Contact CASA at 1-800-628-3233 or visit its web site at: http://www.nationalcasa.org As mentioned above, a pilot training in applying problem-solving court principles and practices in criminal court calendars will take place on May 16 in Syracuse. |