Since 1999, there has been at least one alternative court program in Cole County. As of August of last year, that number increased to four. On Wednesday night, a celebration was held to honor graduates from three of those programs.
At Wednesday's event at Memorial Park, three graduates of the DWI Court were honored along with a graduate of the Veterans Court and a graduate of the Adult Drug Court.
Cole County Treatment Court Administrator Katie Doman, who just completed her first year on the job, said the Adult Drug Court was the first alternative court in the county in 1999, followed by the DWI Court in 2011 and then a Veterans Court in 2014.
The Alternative Treatment Program was started by Presiding Judge Pat Joyce, and she's been the judge for all three of those courts. Joyce is retiring from the bench at the end of the year.
"One of the ways I've been able to measure the success of the program is when my husband and I go out to eat, many times, someone will come up to me and say, 'You saved my son or daughter's life,'" Joyce said. "Now, it's the program that saved their lives. This program allows them to go into recovery. We've had over 600 graduates go through these courts and from a small county like ours, that's a lot."
According to 2019 figures provided by Doman, the graduation rates for the Cole County Treatment Court Programs were as follows:
Adult Drug Court: 81 percent (statewide graduation rate, 52 percent)
DWI Court: 96 percent (statewide rate, 87 percent)
Veterans Treatment Court: 100 percent (statewide rate, 83 percent)
"I think another measure of our success is rarely do we ever see them back in the criminal justice system," Joyce said.
The fourth and newest alternative court was started last August by Associate Circuit Judge Cotton Walker, who will take over the alternative courts after Joyce retires. Known as the Co-Occurring Treatment Court, Walker said this is for individuals who have substance abuse disorder diagnoses and metal health disorder diagnosis.
"These are folks who, if they don't get the proper help, will continue to be in the criminal court system," Walker said. "We want to get them the mental health help they need so, long after they graduate, they understand how they can take care of themselves. Statistically, treatment courts are the most reliable way to reduce recidivism."
Doman said last year, the Cole County Treatment Court programs received $115,000 from the state's Treatment Court Resource Fund, which is overseen by the state Treatment Court Coordinating Commission. The funds are used to cover the cost of treatment services, drug testing and other services for the participants in the program.
Doman said they currently have 58 people in the alternative program, which is low, and that can be attributed to the COVID-19 pandemic.
"The alternative courts have been operating throughout the pandemic, but we couldn't take in brand new participants when the courts had to limit in-person visits at the courthouse," she said. "Now that courts have opened up to more in-person sessions, we are going to start to take new participants."
Doman said the programs are post plea, meaning participants are coming into the programs at the conclusion of their court case, and usually, it is a condition for them to meet their requirements while on probation.
"Assessments are so important in the alternative program so we aren't wasting money and getting the people in the right courts," she said. "We do try and cast a wide net because we want to increase the number of people so we can benefit the whole community."
Doman said they get referrals from the pre-trial assessment program, the public defender's office, private attorneys and probation officers.
"Judges even make referrals and so does the prosecutor's office," Doman said. "For the Veterans Court, we regularly get referrals from the Veterans Administration."
On Wednesday night, Robert Bertran graduated from the Veterans Court.
Joyce said when Bertran first came into the program he was not wanting to change, and Bertran agreed Wednesday, saying he was in denial about needing help at first.
"Life was going down for me, and I had many issues to deal with," Bertran said. "When I had a heart attack, that changed things and opened my eyes that life is too short. I had a new positive relationship and support that I didn't have before, and that made things a lot easier. With the help of the VA, I was able to get better employment and disability assistance. I learned quickly to follow the guidance of everybody and do what they request. Once I did that, things went smoother."
Bertran said he and his fiancee are working to get married in the next year and have moved to a new residence.
Doman said they try and target high-risk persons. That means they are at high risk for re-offending.
"They wouldn't be successful in a traditional probation program and need more supervision," Doman said. "A high-need person is someone that's been diagnosed with a substance disorder or mental health diagnosis. The assessments we give to defendants identify objectively their needs."
Doman does assessments as do treatment providers. If a person has been found to be a violent offender, the treatment courts do not usually handle them.
"We don't want to over-supervise them but give them just what they need to stop offending and start living a normal life," Doman said. "There's no way to just look at a piece of information and know they could be successful."
Doman added it's a team approach to monitor the success of those in the treatment courts with the judge, prosecutor's office, defense counsel and probation office all involved. The final decision always lies with the judge as long as they see the person wants to get better.
Those in the alternative program come into court more regularly than someone on probation. Participants also have to be randomly drug tested.
"We know our folks need this because they have a disorder," Doman said. "It's just to hold them accountable. It's not done to just find them doing something wrong. We are working on changing a person's behavior and giving them space for that to happen. A lot of these folks have been hopping from place to place. We get them on stable footing."
When a person starts the alternative program, they are asked to stay clean for 14 days and come to court once a week. The shortest time a person could be in the program is 14 months. They may have a relapse, and that could mean they stay in the program longer.
"It's amazing to see how they benefit from the structure of the alternative program," Joyce said. "The sustained 16-18 months of treatment that most go through and the accountability they have to show make all the difference."