Statement by Executive Director Tom Eichler Regarding Drug Courts

On behalf of Stand Up for What’s Right and Just (SURJ), I have been looking into the role that Delaware’s drug courts are playing in diverting offenders into treatment and away from incarceration.  While there are very little data presently available, the impression I get is that the system is very effective, but that there are two pressing problems:

          ·      Lack of program data for managers and policy makers; and
          ·      Lack of TASC assessments being available to judges at time of sentencing

I understand the first problem may be resolved when the court’s management information system is put in place.  There seems to be an uncertainty as to when that may occur. 

The second problem has no solution in sight.  As it is judges only have prior criminal histories to use in making a sentencing decision regarding treatment because detailed drug assessments from the TASC are not usually available until some weeks later.  At the least this can mean a poor match between the particular offender and the treatment program indicated at sentencing.  This unfortunate situation is apparently caused by the heavy workload of referrals to the TASC for assessments by the courts, coupled with vacant positions that are not being refilled because of the hiring freeze. 

A report given at the September 30 SENTAC meeting indicates that there is an impending funding crisis for the program, casting further doubt about a timely resolution to the situation.  That report points to a budget deficit for the TASC in FY 2005 caused by transfer of significant funds out of the program to the Department of Correction.

Under the statute, the Treatment Access Committee reports annually to SENTAC and the General Assembly on “its activities and the status of substance abuse problems in Delaware.”  A rather negative report can be foreseen in the future if present problems are not addressed.

Hopefully this funding problem for the continuing success of the drug court can be addressed in the Governor’s budget request so that the existing operational shortcomings can be remedied in a timely way.