Editorial: Monitoring needed with drug program innovation

Change is a constant in criminal justice, and rightly so. Law enforcement officials and prosecutors who face funding cuts and pressure to keep crime stats low should be looking for better ways to do things. So when an innovation is on the table, you can be sure a great deal of optimism will accompany its announcement.

Last month in Kane County, a confident State’s Attorney Joe McMahon rolled out his Second Chance Felony Drug Program with a list of reasons to implement it. The program, which gives some first-time, low-level drug offenders an opportunity to avoid a felony conviction, would save the county money and steer occasional drug users away from a life a crime, he says.

The program indeed shows promise. The ounce of prevention may be just what some would-be addicts need. But as the applications come in and the bugs are worked out, Kane officials have the responsibility to monitor the program closely to ensure favorable outcomes for all involved, from the defendants to local police to court judges and, of course, to taxpayers.

Here’s how it works: Offenders charged with unlawful possession of up to 5 grams of a controlled substance like cocaine or up to 100 grams of marijuana are eligible to apply for the program. Gang members, sex offenders and those on probation or parole are excluded.

Those accepted then begin one year of counseling and drug tests. They must pay court costs and also admit guilt in a taped statement that could be used against them if they fail to complete the program. If a participant successfully finishes, the state’s attorney will drop the charges.

It makes sense to trim the court volume and allow low-level violators to avoid the stigma of a permanent felony conviction, which might keep them from getting a job, securing a loan or gaining admission to college. But with any innovation there are risks, and certainly there will be challenges. What if costs rise above expectations because defendants cannot afford to pay them? Or if other agencies do not share the enthusiasm for the program? And what if the success rate falls short of projections? These are potential setbacks that must continually be checked.

The primary targets for Second Chance are young recreational drug users who risk falling into the trap of addiction. Fortunately, similar anti-drug programs have been successful, such as drug courts in Kane and other suburban counties. They have seen lower recidivism rates for those who enter the program compared with those who do not.

McMahon says he’s working with arrest agencies and plans an evaluation six months into the program. If his office follows through, keeping tabs on successes and weaknesses and adjusting as needed, the program could keep young people off a destructive path and serve as a model for other counties.