Revenue gap jeopardizes drug courts

AUGUSTA – Even as judges, lawyers, substance abuse specialists and court personnel gathered at a training session for the new Maine Adult Drug Treatment Courts, the future of the program was put in doubt by lower projected state revenues.

“People are going to be looking for places to make cuts,” said Rep. Randy Berry, D-Livermore, co-chairman of the Appropriations Committee. “I for one support continuing these courts – we need to do more in this area. But after what we heard about revenues, we have to look at everything.”

The courts are located in existing court facilities in Portland, Machias, Calais, Bangor, Lewiston, Rumford, Biddeford and York. They are dependent on nearly $1 million from the tobacco settlement fund for the first year of operation. Portland is operating, while the other courts are scheduled to open the week of April 17. No money has been appropriated for the program beyond the funds for the first year, which will pay for treatment services and hire case managers to keep track of each person in the system.

“This is an important program that the Legislature really wanted,” said Chief Justice Daniel Wathen, “and, yes, we will need to come back for additional funds next year, but I think we can prove its value in this first year.”

There are more than 600 drug courts operating across the country. Unlike the usual criminal court, the judge does more than hand out punishment. The judge is part of a team seeking to help an individual with a substance abuse problem that has put him in trouble with the law.

“We have seen the relationship between substance abuse and criminal behavior,” Wathen said. “This program has worked in other states. It does not always work, but it has been a success in breaking the cycle in many instances.”

The drug courts offer an alternative to jail for those offenders targeted by the program. The person must agree to plead guilty to the crime he is accused of to be eligible. The person must take a battery of drug treatment tests by substance abuse providers and be regularly tested to make sure he stays off drugs. If he tests positive for alcohol or another drug, the judge can order him immediately to jail.

“The judge is part of the team seeking to help this person,” said District Court Chief Judge Michael Westcott. “We have had great success with this approach in juvenile drug court, and I think it will be successful with adults.”

Plans indicate each court will handle about 40 offenders when fully implemented, said John Richardson, director of the program. He said the intent is to eventually have adult drug courts throughout the state.

“This was a very, very popular program in Cumberland County and there were howls of protest when the federal money ran out for that Project Exodus program,” said Sen. Peter Mills, R-Cornville, a member of the Appropriations Committee and an attorney. “I think it is a good program, but, you know, everything is going to be on the table around here. I think the amount of cuts we are going to have to make is nearer $100 million, not $60 million.”

The panel already is dealing with Gov. Angus King’s proposed two-year state budget, which has generated controversy in the way it funds the nearly $250 million gap between projected revenues and expenditures that was identified earlier this year. King said he is working on plans to close an additional budget gap of nearly $60 million that was estimated earlier this week. While he supports the drug court’s getting funds for a second year, King said taking the courts statewide may have to be put on hold.

“I think expansion in any area is going to be tough,” he said. “Our focus right now is on maintaining existing levels of service. Expansions are going to be very difficult.”

Some charge the current level of funding is not enough to deal with substance abusers in the criminal justice system. Stephanie Anderson, the Cumberland County district attorney, was the architect for Project Exodus. She said the new system does not provide enough money or flexibility.

“It’s already been decided what the treatment is going to look like – it’s a done deal,” she said. “It does not provide for any individual treatment. By individual treatment, I mean one-on-one. Now, they will tell you that it does, but it really doesn’t.”

Anderson said such treatment is more expensive than group therapy or other treatment methods. But, she said, the record of Project Exodus is convincing that it works.

“I am not saying this [new court] is not going to work,” she said. “I hope it does. But they should have used a model that worked here in Maine.”

Westcott defended the adult court as one based on successful drug courts across the country. He said if the treatment models are not effective, the courts will adopt ones that are effective in dealing with individual problems.

“No one is saying that this is an ideal system we are setting up,” he said. “Yes, there are some deficiencies, but let’s see if we can’t work within the community to address these. I am a great believer that we can do a much better job with constructive conversation instead of whining.”