Court that was a school, could now be a business

Third in a series

By DEBORAH E. LANS

HUDSON–Numerous studies have concluded that incarceration has little effect on crime in general and indeed may increase an individual’s risk of engaging in crime; incarceration is not only enormously expensive for the state but also for the individuals, families and communities touched by it; and, it often does not serve to keep a community safe.

One study estimates that 65% of the national prison population suffers from substance use disorders. Columbia County is no exception. The county arrested people on drug charges at a rate that was twice that of the state in 2020 (222 individuals). The rate of newborns suffering neonatal withdrawal symptoms that year was the highest in the Capital Region. In 2020 the county arrested twice as many people for driving while intoxicated than were arrested statewide, and the rates of adult binge drinking and cirrhosis deaths exceeded the statewide rates as well.

The county Drug Treatment Court, based in Hudson, aims to divert eligible persons suffering alcohol or drug use disorders from the prison system and, often, the stigma of a conviction record while providing the treatment that will help them to avoid further entanglement with the justice system. While the rate of re-offending among the local population participating in the treatment court has not been studied, nationally participation in such courts has proven to reduce the rate of recidivism.

The treatment court is embedded in the County Court system. County Court Judge Brian Herman presides over the court. Gwendolyn Avent is the Treatment Court Coordinator. Those arrested in the county – whether due to appear in a town court or the county court itself – whose crimes appear linked to drug or alcohol use disorders may be able to participate in the treatment program.

To be eligible to enter the program, the defendant’s crime must be non-violent, but the charges may be a felony or a misdemeanor (but not major trafficking or sales offenses) and some individuals also enter the program from the Family Court where they have been charged with abuse or neglect and may be at risk of losing their children.

A defendant’s participation in the treatment court is the result of an agreement among the court, the defendant, the defendant’s attorney and the District Attorney’s office. After arrest but before a defendant enters a plea to the charges, he will be evaluated by Ms. Avent, who assesses (among other things) “will the individual participate effectively in the program to address her underlying issues and is institutional confinement necessary to protect the public.”

If all parties agree the defendant should partake in the program, the defendant pleads guilty to the criminal offenses charged and must immediately enter the specific treatment program designed for her. If the defendant completes the program, she will be permitted to withdraw the plea and either plead guilty instead to lesser charges or, in some cases, no charge at all will be levied. The possibility of a reduced or no charge (or of reuniting with children in the case of Family Court offenses) is “the hook that often initially brings defendants into the program,” according to Judge Herman.

Once in the program, defendants check in, usually monthly, with the court, at the courthouse on Union Street. At the August 5 session attended by The Columbia Paper, 13 participants were present, along with representatives of treatment programs (Twin County Recovery Services, Columbia County Office of Mental Health, the county Department of Social Services) all seated at what is usually the counsel table.

The 13 participants that day occupied the jury box. This reporter was the only “outsider” present.

The session began when a handcuffed woman, wearing a striped gray jail uniform was lead by two deputies up to a podium to address the judge. She had just completed detox, which she told the judge “went well” and she was “excited to get into treatment and back to my family soon.” The judge applauded the “big step you have taken.” She was returned to the jail to be processed.

Thereafter, the other cases were heard. In every instance, the judge acknowledged the days of abstinence accomplished by the participant, which that morning ranged from 60 to 371 days, and he awarded a gold coin or a certificate when milestones had been passed. The participants updated the judge on their progress, including jobs held and issues confronted (including transportation challenges and medication side effects). The treatment personnel present discussed possible solutions and undertook to address the issues.

One female participant noted that “the opposite of addiction is affection” and explained how well she now felt supported in her efforts. Some of those present were participating in community service as part of their sentences, and they reported on the hours served. A woman said she had a very clear image of herself “before, in shackles, and now, in recovery.”

The treatment court has been operating “in one form or another” for about 25 years, and Ms. Avent has been with it for 18 of those years. At any one time there are 20-25 participants in the program. Setbacks often occur and the program expects and accommodates them, believing that participation is better than the alternative.

Ms. Avent defines “success” not only as completing the program but also as moving past the “lifestyle of addiction” to employment or school and having a “sober support system.” She knows whereof she speaks. She started using drugs after a family tragedy when she was 17. She was jailed on charges stemming from not only her drug use but also the thefts she engaged in to support her habit. The specific event that lead to her confinement involved stealing a credit card, buying a couch, TV, and dining room set and having them all delivered to her home, from which she sold them to raise money. The police found her at home, hiding in a nearly empty closet (she couldn’t afford, or had sold, her clothes) and arrested her.

Prison did nothing to help her, Ms. Avent said, and when she was released she realized she would re-offend if she simply returned home. She wanted to change but “literally did not know how.” She found her way into a treatment facility, changing her environment and slowly building a support system. Now she helps others do likewise, using her lived experience both to support them and, sometimes, to read through their “BS” and keep them on track. Her mantra is that “addiction is giving up everything for one thing; recovery is giving up one thing for everything.”

The treatment court aims to help county residents successfully make that trade.

To contact reporter Deborah Lans email deborahlans@icloud.com