Plead first, get drug court later

La Salle County's drug court was by no means failing, but court officials wanted a way to limit the number of candidates who flunk drug tests or re-offend. One approach is to get tough.

It’s not that drug court wasn’t working – La Salle County has produced notable success stories – but the number of people flunking out or simply not trying had gotten too high for Joe Navarro. The La Salle County state’s attorney is doing something about it. Now, it’s going to be an immediate yanking up and going to prison if you reoffend.

— Joe Navarro, La Salle County state's attorney Navarro huddled with his staff and came up with two broad solutions. First, the drug court candidates need to be screened more carefully. Everyone agreed to a series of little tweaks to sift the felony caseload for candidates more likely to succeed.

Second, Navarro authorized a big change. In the past, plea negotiations were put on hold until a candidate had passed or failed drug court. Now, it’s the other way around: a defendant will take a plea and get a sentence and then be admitted to drug court.

For example, a first-time suspect caught with possessing cocaine – in an amount that indicates personal use, rather than distribution – might be eligible for drug court. Before getting in, however, the defendant must plead guilty and accept a prison sentence. Only then would he enter drug court and work his way out from under the prison time.

“I was hopeful that drug court was going to be successful and for these people to change their lives, and, obviously, to stop using drugs,” Navarro said. “But that hasn’t always been the case. “And part of it, I agree, was due to the screening process and a lack of the big hammer over their heads.

Now, it’s going to be an immediate yanking up and going to prison if you reoffend.” The numbers in question require elaboration. La Salle County was graduating between 50% and 60% of its candidates in recent years.

Jason Goode, first assistant La Salle County state’s attorney, said that percentage is “pretty good.” No drug court has a 100% success rate – defendants typically arrive in advanced stages of addiction – and success needs to be graded on a curve. But graduation rates aren’t the only metric for success – and by other measures, supervisors were growing increasingly concerned.

“Our graduates have also reoffended at over a 50% rate and the people who have failed have reoffended at a near 100% rate,” Goode said, “and we’ve had at least two overdose deaths of people after they left the program.” Goode said one reason for relapses and recidivism was a problematic vetting system. Turnover throughout the criminal justice system meant there weren’t enough experienced eyes to review individual cases and to identify good candidates.

That matters because motivated candidates are more likely to succeed. Then there was outside pressure to participate. Goode said drug court applicants are often pushed by family members, and even some attorneys, into participating when they have little or no desire to get clean.

“And what we found is maybe some people were rushed through to graduate drug court when they weren’t ready,” Goode said, “and somehow they maybe gamed the system a little bit. “We found that a lot of people who ultimately were graduated from drug court have become repeat offenders.” The changes were implemented July 1 following a change in judicial assignments.

Circuit Judge Michelle A. Vescogni has taken over drug court from retired Judge Michael C. Jansz. Staff agreed that the transition to a new jurist presented a prime opportunity to change the rules and increase the stakes for the defendants. Vescogni said she supports the drug program – “(It) provides intensive supervision to participants charged with a felony as a direct result of addiction” – but she also “wanted to take a more aggressive approach to successfully help offenders become free of drugs and alcohol.”

“The team and I are more than willing to provide the resources necessary to reach that goal – as long as participants are willing to accept those resources and do their part in achieving that goal,” she said. Goode agreed the resources will be there for anyone who wants to get clean, but the stakes are now higher. “In essence, they will be taking a prison sentence on this crime with a drug court recommendation,” Goode said.

“If they wash out or if they have problems, that sentence will then be executed. It’ll already be in place.”