Bethlehem Press

Friday, May 25, 2018
press photo by bernie o’hareJudge Craig Dally is a former state rep who donated his per diems to county Human Services. Dally updated Northampon County Council July 13 on how the problem solving court approach is working. press photo by bernie o’hareJudge Craig Dally is a former state rep who donated his per diems to county Human Services. Dally updated Northampon County Council July 13 on how the problem solving court approach is working.

Judge Dally on problem-solving courts

Tuesday, August 1, 2017 by Bernie O’Hare Special to the Bethlehem Press in Local News

Pennsylvania’s incarceration rate was the highest among Northeast states in 2014. But housing someone in a county jail costs money. It costs $40,000 a year in a county jail, according to the County Commissioner Association. Statewide, 65 percent of these inmates are there for a substance abuse disorder. Another 10-30 percent suffer from mental illness. For these people, there are community-based alternatives to incarceration that cost less than half what it does to jail someone And that in turn has led to the creation of problem-solving courts.

There are currently 106 problem-solving courts in 44 counties, a 300 percent increase since 2007. Northampton County’s Problem-Solving Court celebrated its second anniversary in April. Judge Craig Dally updated Northampon County Council July 13 on how this approach is working.

There are basically two courts. The first is Drug Court, available to persons who have already been convicted. The second is Mental Health Court, which is for persons who have been charged with minor crimes in which their mental challenges play an appreciable role.

Drug Court

There are currently 44 participants (76 percent male and 24 percent female) in this four-phase program, which lasts from 18-24 months. There have been five graduates. The average age is 29, and the drug of choice is heroin. This program is for people who have had repeated treatment attempts and repeated criminal activity. “But for the program, they’d either be in our jail or the state prison,” said Dally. He added that the reason there have been only five graduates is because the program has only existed for two years.

Because the program has existed only two years, it is too early to say whether a successful graduate will return to crime, which is called recidivism. Judge Dally conceded he has insufficient data to make any claim about his court. But nationally, he noted that the one-year recidivism rate of drug court graduates is just 17 percent, and the two year recidivism rate is only 27 percent.

Without a drug court, the recidivism rate of a drug offender is 60-80 percent.

A condition of graduation from drug court is payment of all fines, court costs and restitution. The five graduates have paid over $15,000 in costs, fines and restitution. This compares favorably to many defendants who never pay a penny.

Drug courts also reduce costs of housing at the jail. Based on the per diem cost of an inmate, Dally estimates that Drug Court has saved taxpayers $944,000 thus far.

Dally told council that, in a drug court, participants are employed, going to school and working on their recovery. This court is also a benefit to different county agencies who work together, like Drug and Alcohol. The community saves money because it lowers the tax burden and enables members to work and raise their families, instead of leaning on others. All must be employed. “We’re trying to encourage them to be responsible citizens,” said the judge.

Almost all the funding for this court comes from insurance companies, Medicaid and grants. The county does pay for transitional housing.

The drug court meets once every week, and there are usually 10 hearings. People in this court are tested twice weekly.

Mental Health Court

Unlike Drug Court, which is for people who have already been convicted, mental health court is diversionary. What this means is that charges are dismissed on successful completion of a program. There must be a direct correlation between mental illness and criminal activity. Also, the district attorney must recommend the participant.

Thus far, there have been 12 graduates. There are only 10 participants, and seven are men. The average age is 42.

Dally said the courts are also considering a post-conviction court for mentally ill defendants.

Participants usually include persons who assaulted family members or who engage in shoplifting.

According to Dally, this court adds little appreciable cost to the county.

There are also times when participants are both addicted and mentally ill. Dally discussed a person he actually removed from drug court and sent to jail that day. He has been in foster care or jail since he was nine years old. “He’s been institutionalized his entire life, and we had to institutionalize him,” said Dally. “There’s got to be a better way.”

Hayden Phillips complained that the state reduced the number of mental hospitals, and then people wonder about a mental health problem. “There’s no place to go with these people,” agreed Dally.

Seth Vaughn asked Dally about establishing a veterans’ court. He said it is being considered, but questions whether there is enough demand.