Circuit Judge Andrew Howorth.
Courtesy Law School Communications
Among the diversionary programs established by the state, Mississippi drug courts are helping to alleviate an overcrowded penal system while saving taxpayers’ money.
The Third Circuit Drug Court located in Oxford is administered by U.S. District Judge Andrew Howorth and addresses cases referred from seven counties.
Howorth said that the court administers a program of 36 months at a minimum, adhering to strict sanctions for the violation of all rules.
“This is not a ‘hug-a-thug’ program,” Howorth said. “A common misconception is that it is soft on crime.”
Violent offenders, drug dealers or those currently charged with burglary of an occupied dwelling are classified as ineligible for participation in the program.
Howorth said that not everyone in the drug court program has been convicted for a controlled substance offense.
“We are looking for hard-core addicts,” he said. “It may be more difficult to turn them around, but society receives the largest benefit from the worst addicts.”
The five-phase program includes weekly drug screenings, counseling with a case worker and appearances before Howorth himself. The frequency of these appearances varies with each phase.
Phase one involves an assessment to determine drug dependency as well as weekly courthouse visits. Then, in phase two, meetings are required every other weeks, but include either in-patient or intensive out-patient treatment for a combined 100 hours of therapy.
After 18 months, the remaining phases require less frequent visits: only twice a month for phase three and once a month for phase four. Members are not required to appear in court during the final phase, but are still subject to random urinalysis screenings each week.
Progress can be derailed at any time with a failure to pass the urinalysis test or attend the required Narcotics Anonymous/Alcoholics Anonymous meetings. This can result in a two month addition to any phase.
Offenses other than a felony conviction for driving under the influence may be expunged from a member’s record after he or she successfully completes the program. However, this does not include prior adjudicated felonies, according to Gail Fondren, a case manager for the Third District Drug Court.
Fondren, a career rehabilitation therapist, said she sees an absolute necessity for drug court.
“Where treatment has failed, sometimes this is the only thing that works,” she said.
In Fondren’s experience, older members tend to be more able and ready to make a change in their lives than younger offenders.
“Sometimes I have to show tough love,” she said.
Although some first-time offender addicts are admitted into the program, the majority of participants are multiple offenders, according to Fondren.
Individuals who fail to successfully complete the program in a five-year period are required to serve the sentenced amount of prison time for the crime they committed.
Students from The University of Mississippi have benefited from the program as well, according to Fondren.
“Since the early stages of this drug court, there have been Ole Miss students involved,” Fondren said.
Records show that binge drinking, often combined with prescription drug abuse, is usually the culprit for the younger members of the program.
Until recently, Lafayette County held the highest percentage of drug court cases. Out of the 180 currently active cases, 50 are from Lafayette County. They are handled by five state employees, one of which is Drug Court Field Officer Michael Moore.
A former Oxford Police Department detective, Moore said that the program has seen much success in its short period of existence.
“Our graduating classes are continuously increasing in size,” he said.
Communicare, a local mental health center, works with a number of Lafayette County drug court participants.
James Tyson, Communicare director of drug and alcohol abuse services, believes the program is an essential part of helping people make imperative changes.
“It gives people who are addicted to drugs a chance to turn their lives around,” Tyson said.
Along with the ability to keep nonviolent criminals out of the penitentiary, drug court also has a serious economic impact.
Howorth estimates that an average inmate costs the state between $30 and $40 per day, while drug court fees average out to be only $3 per day per person.
The average three-year graduate of drug court will cost the state $3,240, while a prisoner serving an equivalent sentence would cost roughly $37,800.
Howorth said he sees the overall benefit as something much greater than a dollar number.
“To return someone to a healthy life, so they can work, maybe get their children out of custody, if that’s the case, and pay taxes, has a significant impact on society,” Howorth said.
-Jessi Hotakainen
jmhotaka@go.olemiss.edu
