MARIES COUNTY — The Maries County Commission and county officials who work with defendants and the court system held a discussion last Thursday morning about implementing a drug court rehabilitation program in Maries County. A drug court is an effort to help drug users have a pathway out of the court system and to a non-addicted lifestyle.

Several persons were involved in the discussion led by Victoria Akins of Vichy, who works with the Cole County Juvenile Office. She also is a pre-law student and hopes to become a lawyer in the future. Also present were Robert Fregalette of MDDAC who works with drug courts including the one in Osage County. County officials who were part of the discussion were commissioners Victor Stratman, Doug Drewel and Ed Fagre, Associate Court Judge Kerry Rowden, Prosecuting Attorney Anthony “Tony” Skouby, Sheriff Chris Heitman, Circuit Clerk and Recorder Mark Buschmann, and County Clerk Rhonda Rodgers.

Akins said she observed how Cole County’s drug court was efficient and wondered why Maries County didn’t have one, especially since it is ranked fourth in the state for the per capita number of drug overdoses, following St. Louis, St. Louis County and Jefferson County. Drug court funding began in 2007 in the 25th Judicial Circuit, which is composed of Maries, Phelps, Pulaski and Texas counties. Initially Maries County was to refer defendants to the drug courts in Phelps and Pulaski counties, but those counties “had a problem with it” and so it was not done. Akins said the judicial circuit doesn’t help anyone in Maries County with drug court. She said to initiate it here it would take $10,000 to $13,000 start up funding, maybe for an intensive drug screening program or for tracking. Akins said it would be more productive for the defendants as treatment is better than jail.

Skouby said in Maries County “we strongly encourage treatment” because they don’t have the resources that Phelps County does. “I’m all for it,” he said. “I prefer it over incarceration.”

Judge Rowden said they were told they could use Phelps or Pulaski Counties drug courts and they do this with a change of venue. A problem in Maries County is they need a tracker, someone to check on the defendants to make sure they aren’t using drugs and the county won’t pay for this. He said when Skouby became prosecutor they began requiring defendants to go into treatment and test negative for drugs before they are released. He called this a mini drug court and said he’s not sure if this is a solution.

Akins said Rhonda Ledbetter, the judicial circuit’s treatment coordination, said she can request more funding for Maries County. Rowden and Skouby said they tried to get money but the county was always cut out of the loop. He said they’ve been doing it on their own. In a drug court if a defendant comes in with a drug charge they are ordered to go through treatment or have weekly drug tests and have someone knocking on their door. Akins called these door knockers, the people who check on the defendants, trackers. They are paid $15 an hour and other counties operate the trackers out of the sheriff’s budget and use his liability insurance. Judge Rowden said they don’t mind having a drug court but not have the financial resources has stopped them.

Skouby said he’s never seen an associate court so aggressive with drug cases as what they are doing in Maries County.

Judge Rowden said the issue is not with the court, it’s with the sheriff and the commissioners, and the money. Akins said they may be able to get money for tracking or maybe counseling. “I’ll do it,” Judge Rowden said, “But in the past funding and liability was what stopped us.”

Fregalette said the issue with trackers is liability and many drug courts have stopped using them. Instead they use apps and put these on the defendant’s phone or give them a phone. The drug court is not cheap with expenses for tracking, treatment, urine analysis (UA) and other expenses. Skouby said the tracking system is the best deterrent.

Akins said she thinks they take the legal problems away when they work with the sheriff’s office. She wants to request more money from the circuit for a Maries County drug court. Judge Rowden said the commissioners will want to know the cost. Akins said it would not come out of county money and if they fall short they can deal with it. Commissioner Fagre said he doesn’t want to get into a situation where they get funding one year and in the next that funding is not there. Akins said they can do it the cheapest way.

Judge Rowden said he thinks they will need a tracker. Sheriff Heitman said his budget already pays for liability insurance and the drug court could use his deputies as trackers. Judge Rowden said he’s fine with that. Fregalette said the best time for trackers to work is after curfew. He said the liability concerns are valid as “you are dealing with the worst of the worst and they guys are using, they’re beat down and angry.”

Judge Rowden said they could do the drug court in Maries County on Tuesday afternoon. Defendants are told the trackers will come talk to them once a week. Skouby added, “We get into their business.” Circuit Clerk Mark Buschmann said it will be more work for his office as he has to get the people to drug court. Akins said drug courts have about a 35 percent success rate. Missouri counties have been using the drug court model since 1993.

Judge Rowden said he thinks it is more effective than putting someone on probation. He said it boils down to dealing with someone who is a first time drug user or a fourth time drug defendant as they have more luck with the first time user. Fregalette said it is easier for him if they are tired and broke down than with a 20-year-old first time user. In Maries County methamphetamine seemed to be the problem drug. Heitman said meth is the most abused drug in the county, but heroine “is close on its doorstep.” They also are “cutting” meth with heroine, a lethal mixture.

Buschmann said he thinks drug courts make some defendants move away from a county that has one. Judge Rowden said they won’t let users out of jail unless they can get into treatment and that is a deterrent. Skouby said if they let them out of jail they are using again within 24 hours. Buschmann said they need a ride to treatment because if they let them go a day or so to get their affairs in order, they get high.

The length of time a drug stays in a person’s system and can be detected by drug testing varies. Alcohol is gone in a day and a half, marijuana 30 to 60 days. Fregalette said the UA drug screen defendants are punished that week for what they did that week if their screening tests positive for drugs. It puts more people in jail but only for a short time, about six to seven days. Akins said these are short stints and other punishment includes writing papers and community service. People charged with drug trafficking aren’t in drug court, which usually deal with just possession charges. Fregalette said in most courts those charged with violent crimes are disqualified also.

Fregalette said if Maries County can get the judicial circuit to ask for drug court funding from Office of State Courts Administrator (OSCA) and if they use it, it should be funded in subsequent years. He suggested they come up with a number, a price for how much it will cost to serve 15 people at a time in the drug court. Costs he mentioned are $350 per person for treatment, cost of UA’s, cost to change to a drug court program, and costs the sheriff will have. Akins said she thinks it might cost $50,000 to $60,000 to fund the full drug court. Judge Rowden said they’ve stopped doing the drug court in Texas County and he will talk to that judge and find out why.

Commissioner Drewel said if they start it and funding ceases, the county can back off. It was suggested there might be grants for the drug court. Fregalette said there may be people in the community who are willing to donate money for it to improve the situation within the community.

Drewel wondered about the numbers and filling up the jail. Heitman said there will be a lot as right now it’s a revolving door. The county jail can hold a maximum of 25 people. Judge Rowden said they don’t get in the drug court until in they’ve plead guilty to drug charges in the other court. Drug court is in lieu of going to prison. Skouby said they have people right now who could do drug court. Judge Rowden said, “I don’t think filling up the jail will be a big problem. Some you can’t help. Money is the problem. Most people prefer to have their potholes fixed than to pay for drug treatment.”

Liability and money will be the issues. Heitman said the liability problem with the trackers is they are assaulted and deputies deal with this a lot. He thinks they can make it work with deputies but the program will need a defense attorney to work on pro bono. The different parties have their roles and they will see if funding can be secured to at least go forward for now.