arkansas drug courts: report to the eighty-seventh arkansas general assembly (2009)

7/31/2019 Arkansas Drug Courts: Report to the Eighty-seventh Arkansas General Assembly (2009)

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ARKANSAS DRUG COURTS

Report to the Eighty-seventh Arkansas General Assembly

Administrative Office of the Courts

J.D. GingerichDirector



Prepared by:Carol L. Roddy, J.D.

State Drug Court CoordinatorAdministrative Office of the Courts

A copy of this report can be accessed and downloaded from the Drug Court page of the ArkansasJudiciary at: http://courts.arkansas.gov/drugcourt The information and data in this report wascollected in August 2009. For further information, please contact the:

Administrative Office of the Courts625 Marshall Street

Little Rock, AR 72201501 682-9400



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Table of Contents

I. Introduction...........................................................................................1

II. Arkansas Drug Courts...........................................................................3A. Judges and Arkansas Drug Courts...................................................3B. Drug Courts Gain Legal Authorization from

General Assembly.............................................................................5C. AOC, DCC and OADAP Roles and Responsibilities......................5D. State Drug Court Advisory Committee............................................7E. Association for Drug Court Professionals of Arkansas...................7F. New Legislation During the 2009 Legislative Session....................7

G. The Future of Drug Courts in Arkansas..........................................8

III. Why Drug Courts?..................................................................................11A. The Impact of Substance Abuse on Federal, State and Local

Budgets...........................................................................................11B. Prevalence of Illicit Drug Use and Alcohol Abuse.......................13C. Drug/Alcohol and Crime ..............................................................15D. Impact on Corrections ..................................................................16E. Overview of Drug Courts in the United States..............................19F. Development of Drug Courts in Arkansas.....................................21

Notes........................................................................................................................24

IV. Appendices .........................................................................................25A. Caseload totals for calendar .year.................................................26

B. Arkansas Drug Courts by Judicial District....................................27C. Juvenile Drug Courts in Arkansas..................................................28D. State Drug Court Advisory.............................................................29



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but such was restored during the 2009 session with the assistance of the Governor, his staff, andthe hard work of the Drug Court Judges Committee, along with key legislators in both the Houseand Senate who have learned the importance of the program in their communities back home.

The following report, due each year to the General Assembly, provides an overview of

the current drug court program in Arkansas, as it has evolved from the single court in 1994 to thepresent, with a state advisory committee chaired by the chief justice of the Arkansas SupremeCourt and an active state drug court professionals association. The last portion of Section IIprovides some insight into future directions and needs for the drug court program to remainstrong in the state. The second half of the report, appearing in Section III, provides recentinformation on the prevalence of substance abuse in Arkansas, current information on thecorrelation of substance abuse to crime and the impact such has on prisons, and the rationale forthe creation of drug courts in our state. In addition, there is background information covering thenational movement to support drug courts that began in 1989 in Dade County, Florida. TheNADCP celebrated the 20th Anniversary of Drug Courts in the United States during an eventheld in Washington, D.C. in March 2009. Both Senator Mark Pryor and Congressman John

Boozman were given awards in appreciation for their support of drug court programs at thenational level.

If the reader has any questions concerning the contents of this report or the drug courtprogram in general, those can be addressed to the Drug Court Division of the AdministrativeOffice of the Courts. The e-mail for the state coordinator is: [email protected].



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II. Arkansas Drug Courts

A. Judges and Arkansas Drug Courts

Prior to 2007, drug courts were created and operated without specific statutory authority.

When funds became available, either through a federal grant or from the Department of CommunityCorrection, a drug court program could be initiated. In 1994, there was one drug court in the state. By2007, there were 37 that had been established through the willingness of sitting circuit court judges whowould take on additional responsibilities in their circuit. In multi-judge judicial districts, judges whopreside over the criminal docket frequently transfer appropriate drug related cases to the drug court withinthat district, thus creating additional cases above the routine caseload distribution of the presiding drugcourt judge.

Drug court dockets are often referred to as “not doing ‘business’ as usual,” in the judicial realm.Because they require additional time both on the bench and off, they are very labor intensive endeavorsfor the judge. To be a successful program, each judge must become intricately involved in the entire drugcourt program, establishing the criteria for participation in the court, determining the length and

components of the treatment program, learning about the evidenced-based strategies for treatment of substance abuse, determining appropriate sanctions or incentives for participants who relapse orsuccessfully move through the program, etc. While guidance is provided and new courts are not requiredto “reinvent the wheel,” because the drug court program is a diversion of defendants from the regularcriminal justice system, each judge must determine the level of community tolerance for public safetywithin the program. While some courts accept Class Y felony cases, others have chosen to exclude thesemore serious crimes from participation.

Once established, most courts “mature” through the years. Perhaps focusing on the “low hangingfruit” or easy cases in the beginning, the more mature drug courts in Arkansas have seen that localsupport from the community can encourage the court to take on some of the more difficult defendants,providing these defendants with a second chance rather than seeing them processed through the prison

system. Many courts that start out with rigid rules concerning “strikes” for sanctions, learn after a while,that each case stands on its own merits and all the circumstances have to be taken into considerationbefore imposing appropriate sanctions. The personal attention required of a drug court docket consumesan enormous amount of time from the judge who has regular exchanges with the drug court teammembers concerning “issues” with each drug court defendant. However, it is this personal attention andrelationship that develops during the status hearings in court where the defendant appears regularly toreport to the court their progress, that has proven to make the drug court program such a success.Repeatedly, research in the field has indicated that the judge-participant relationship is the most importantfactor for a program that reduces recidivism and rehabilitates addicts in their community. Almost everydrug court judge has reported to the Administrative Office of the Courts, that the work they do in theirdrug court program is the most satisfying work-related task they perform as a circuit judge.

There are currently 42 adult drug courts in Arkansas. The following is a list of the presiding

judge and their location:



Judges' Names Judicial District Counties Served

Bentley Story 1st St Francis

David Laser 2nd Craighead

Randy Philhours 2nd Greene

Cindy Thyer 2nd CrittendenHarold Erwin 3rd Jackson

Phillip Smith 3rd Randolph

Phillip Smith 3rd Lawrence

Mary Ann Gunn 4th Washington

Dennis Sutterfield 5th Franklin, Johnson, Pope

Mary McGowan 6th Perry, Pulaski

Chris Williams 7th Grant, Hot Spring

Duncan Culpepper 8th North Hempstead, Nevada

Joe Griffin 8th South Miller

Robert McCallum 9th East ClarkCharles Yeargan 9th West Howard, Pike

Bynum Gibson 10th Ashley, Bradley, Desha, Drew, Chicot

Sam Pope 10th Ashley, Bradley, Desha, Drew, Chicot

David Henry 11th East Arkansas

Berlin Jones 11th West Jefferson

J. Michael Fitzhugh 12th Sebastian

Stephen Tabor 12th Sebastian

Edwin Keaton 13th Ouachita

Carol Anthony 13th Union

Larry Chandler 13th ColumbiaGordon Webb 14th Baxter, Boone

Jerry Don Ramey 15th Conway, Logan, Scott, Yell

John Dan Kemp 16th Cleburne, Independence, Stone

John Dan Kemp 16th Izard, Fulton

Craig Hannah 17th White

John Homer Wright 18th East Garland

J. W. Looney 18th West Montgomery, Polk

Kent Crow 19th East Carroll

Jay Finch 19th West Benton

Charles Clawson 20th FaulknerGary Cottrell 21st Crawford

Robert Herzfeld 22nd Saline

Phillip Whiteaker 23rd Lonoke

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By 2007, with 36 operational drug courts in the state, the courts began to garner theattention of legislators and gather legislative support. During the 2007 legislative session, withthe support of the Drug Court Judges Committee of the Arkansas Judicial Council, legislationwas proposed to officially establish the procedure for creating these specialized dockets withinthe criminal justice system. Originally drafted by the Drug Court Judges Committee of the

Arkansas Judicial Council, and proposed for sponsorship by the Judicial Council, the legislationprovided the framework for both adult drug courts and juvenile drug courts within the state’scircuit court structure. After some maneuvering through the legislative process, Act 1022 of 2007, one of the last acts passed during the legislative session, was signed into law by GovernorMike Beebe.

The act provides that the Administrative Judge in each judicial district is empowered tospecify the judge that will sit over the drug court docket. This information is part of the annualplan filed by the administrative judges of the judicial circuits with the Arkansas Supreme Court.As a general rule, a drug court program serves the county in which it is established. Multi-county judicial circuits may have more than one drug court, i.e. one per county. In some cases, a

different judge will preside over the drug court for that particular county. For example, in the13th Judicial District in south Arkansas, there are currently three drug courts, one each in Union,Columbia and Ouachita counties. Judges Carol Anthony, Larry Chandler and Edwin Keaton,respectively, preside over these courts. However, Dallas, Calhoun and Cleveland Counties, alsoin the 13th Judicial District, do not currently have drug court programs. In other instances, thesame judge will “ride circuit” and preside over all the drug courts within the judicial district.Judge John Dan Kemp now presides over four drug courts in the16th Judicial District, sitting indrug courts in Batesville (Independence County), Heber Spring(Cleburne County), MountainView (Stone County) and, beginning in January 2010, Melbourne (serving both Izard and FultonCounties). In a few cases, the single court division provides the program to more than onecounty. For example, in northwest Arkansas, the court is called the Washington County-

Madison County Drug Court and is presided over by Judge Mary Ann Gunn. Judge Gunn hasdrug court in both Fayetteville and Huntsville, the two counties’ seats.

Although juvenile drug courts were authorized in Act 1022, it would be two years beforefunding would be made available by the legislature to provide personnel and treatment to juvenile drug courts in the state. Three courts were operational upon enactment using federalgrant funds, and, in 2009, seven additional juvenile courts were established. These courts are inthe process of training personnel and becoming operational during the fall of 2009.

C. AOC, DCC and OADAP Roles and Responsibilities

Act 1022 also established the various roles and responsibilities of the three agenciesinvolved with the Arkansas drug court program: the Administrative Office of the Courts; theDepartment of Community Corrections; and the Office of Alcohol and Drug Abuse Prevention inthe Department of Human Services.

Under the act, the Division of Drug Courts is established within the Administrative



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Office of the Court to provide state-level coordination and support to drug court judges and theirprograms. The position of state drug court coordinator, also created within the act, serves as aliaison between drug court judges and the other two state-level agencies, DCC and OADAP.Training and education of drug court judges and other professionals is the responsibility of thedivision. In addition, the coordinator staffs the professional association and the state advisory

committee, a 12 member committee comprised of representatives from the various agencies andassociations affiliated with drug courts. The act provides for the oversight and disbursement of any funds appropriated to AOC for the maintenance or operation of local drug court programsand for the development of a funding formula by AOC and reviewed by the advisory committeeto distribute any such funds. The AOC is also charged with the responsibility of developingguidelines for the courts that will serve as a framework for effective local drug court programsand to provide a structure for conducting research and evaluation for drug court programaccountability.

The Department of Community Correction (DCC) provides personnel for all drug courts.The probation officer and administrative assistant are employed by DCC. In all drug courts but

one, the treatment counselor is also an employee of DCC. DCC provides for the random drugtesting performed by drug court personnel. During the FY 2009, 86,799 samples were testedfrom over 1700 participants in the drug court program. Treatment counselors in the programprovide outpatient treatment services, conducting both individual counseling sessions and grouptherapy sessions for participants. The act specifies that the ratio for participants to treatmentcounselor is to be 30 to 1 and for participants and probation officers, 40 to 1, thus assuringintensive monitoring of the program participants. In addition, DCC serves as the fiscal agent forthe drug court treatment fund that pays for intensive short- or long-term residential treatment of drug court participants as ordered by the court. Under a formula based on a set base amount percourt plus a per-case average amount above that base, money is allocated each year in July forcourts to access for residential treatment services. DCC administrative assistants provide drug

court judges with monthly updates to assist in monitoring the amount of treatment dollars beingexpended by the court.

The Department of Human Services, Office of Alcohol and Drug Abuse Prevention,serves as the fiscal agent for funding treatment provided to juveniles in the juvenile drug courtprogram. In the adult program, OADAP certifies and licenses treatment providers and facilitiesto be considered for the provision of treatment services in the adult drug court program.OADAP supplies DCC with an ongoing list of licensed providers to assure eligibility forcontracting with DCC and providing treatment to the courts. One of the requirements foreligible providers is to be able to provide an open bed for the participant within twenty-fourhours of the request. Since 2007, this has allowed drug court programs to place participants

outside the “catchment” area designated by DHS, thus making treatment services more readilyavailable for drug court participants since they no longer have to compete for facility beds withinthat area. The OADAP also serves as a liaison between the licensed providers and the drug courtprograms.

D. State Drug Court Advisory Committee



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support of Governor Beebe and a huge number of legislators, both in the House and Senate,funding was transferred from the Tobacco Cessation and Prevention Program in the ArkansasDepartment of Health to restore the balance for drug court treatment. However, with these fundscame the requirement that treatment counselors be trained and also provide tobacco cessationprograms to drug court participants. Amazingly, a grant had earlier been given to a provider in

central Arkansas by the Tobacco Settlement Commission to provide the same cessation program.Early reports indicate that drug court participants who are smokers and are also being counseledin tobacco cessation are having fewer relapses in the program requiring sanctions than those whoare not participating in treatment for nicotine addiction.

Two other pieces of legislation affecting drug court programs were enacted during the2009 session. One clarified the collection and disbursement of drug court program fees for thecourts. Prior to passage of Act 490 of 2009 the courts were authorized to collect up to $20 permonth as a program user fee but the law provided no direction on where the money was to beremitted or disbursed. Act 490 drops the cap on the fee and creates a special revenue fund in thecounty treasury for the drug court program for receipt of these fees. In turn, moneys collected by

the court are to then be made available to support the drug court program in that county throughthe appropriation process of the county quorum court.

Act 1491 clarifies the authority of the drug court judge to expunge the charges of thedrug court participant and provides the additional authority to restore the privilege of carrying afirearm to drug court participants who successfully complete the program. The court must notifythe prosecutor of the pendency of the action as well as the original court judge if from anotherArkansas court.

G. The Future of Drug Courts in Arkansas

Drug court programs are perhaps the most cost effective strategy for addressing thegrowing numbers of persons suffering from addiction to alcohol or other drugs in our state.They relieve the crowding situation in the Arkansas prison system and the back-up in county jails, while providing a highly restrictive, structured and monitored program in the communitysetting that can successfully rehabilitate persons addicted to alcohol or drugs. The startlingstatistics collected in the Arkansas schools and through household surveys from Arkansans aspresented herein seem to indicate little, if any, reduction in the numbers of future addicts“coming of age” in the criminal justice system. Many noted professionals in the field havestated that we cannot build our way out of the current substance abuse crisis by merely housingmore offenders in the prison system where the likelihood of their return to prison is so great.The state seems poised on a precipice of a decision point for the future of the drug court

programs in the state.

Without additional funding to provide an increase in the personnel to the existing drugcourt programs, the current caseload, hovering at approximately 1700+ participants, will becomestagnant. The intensity of the supervision and the amount of labor involved in a successfulprogram require that ratios of counselor and probation officer to number of participants remain at



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the levels currently articulated in law. Thus, caseloads per court will likely remain at the currentlevels without additional resources. Any increase in the caseload of the drug court program,must include an increase for treatment funds provided by the courts to maintain the success of the program in the state.

More funding is also required to provide drug courts in those counties where none exist.Currently, twenty-two Arkansas counties lack a drug court program in their boundaries.Although court judges and staff, prosecutors and public defenders are willing to put in the extrahours to establish drug court programs in many of these areas, until positions in DCC can befunded for probation officers, administrative assistants and treatment counselors for these courts,they will not become a reality. The one new court created during the 2009 legislative sessionwas funded using general improvement funds earmarked for the court by a legislator during thebudgeting process. If general revenue funds are not added to the DCC budget during the nextbudget cycle, this drug court program could be the first in Arkansas forced to close.

The legislature has indicated the need to provide some state-level structure and oversight

to the drug court program that has grown so rapidly since the first court was piloted in 1994. Act1022 provided the basis for development of guidelines, a framework and eventually, researchand evaluation of drug court programs under the auspices of the Division of Drug Courts in theAdministrative Office of the Courts. Yet, the division has yet to be funded to provide theserequirements. Because of the lack of state general revenue to support the program, the Divisiondid seek funding through the federal stimulus funds provided to law enforcement under theByrne Memorial Grant program in the Department of Justice. AOC is awaiting the decision of the Department of Finance and Administration of the award of moneys to state projects underthat funding stream. Money would provide training, research and local support to the drug courtsin Arkansas.

There is increased emphasis on development of additional specialized dockets fromfederal agencies who view the adult drug court model as a highly successful strategy for crimereduction. More of these “problem solving courts” are being sought and funded through grantsfrom federal agencies that are turning more and more to treatment as a way to reduce demand forillegal drugs and criminal justice costs in the long run. The National Transportation andHighway Safety Administration (NTHSA) has provided the state with money to support theestablishment of two pilot DWI courts modeled after the adult drug court program. JudgeChaney Taylor (Batesville) and Judge David Switzer (Hot Springs) have added to their time onthe bench to develop these courts. But, these pilot programs will struggle to be successfulwithout access to intensive residential treatment programs for those defendants in need of suchwho appear in their courts. Court ordered treatment is a very integral part of any drug court

program. Without such, the, rate of rehabilitated addicts will most likely be very low. Also,until these programs are expanded to more district courts in the state, Arkansas will leaveimportant federal dollars on the table that could be used to promote increased public safety.

In 2009, the Veterans Administration in North Little Rock was successful in receiving arural health grant that included the pilot of a veterans court program for a rural county in central



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Arkansas. The Division of Drug Courts was instrumental in assisting in the implementation andstart-up of this program as well as assisting in the development of a proposal for a larger grantfrom SAMHSA for a diversion court program for brain-injured and traumatized veterans. DHSis awaiting the decision from SAMHSA on the awarding of this grant.

The division worked with the City of Little Rock District Courts to apply for federalstimulus funding to establish a “community court” to operate in the southwest area of the city,moving the court, a probation officer and a social worker into the neighborhood to work withlocal businesses and programs to provide increased public safety. Community courts andcommunity prosecution have been developed in several jurisdictions throughout the country toaddress urban blight, an outgrown of the federal “weed and seed” strategy and continued supportfor community policing.

The opportunities continue to arise but additional state support will be required to movethe current drug court program beyond this point “to scale,” a goal of the National Drug CourtProfessionals Association, meaning to have a drug court in every county of every state. With

one of the lowest recidivism rates in the country for drug court program graduates, it only makessense to put more state revenue into a program that costs less than other strategies (probation orprisons) and has such a rewarding outcome for the citizens of the state---- an intact family with arehabilitated, tax-paying breadwinner who is supporting his or her family and participating inimproving his or her community.

III. Why Drug Courts?

A. Impact of Substance Abuse on Federal, State and Local Budgets

In a comprehensive study conducted by the National Center on Addiction and SubstanceAbuse at Columbia University, for the first time the total amount spent by federal, state, and local



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governments on substance abuse was calculated.1 Total expenditures were $467.7 billion: $238.2billion, federal; $135.8 billion, state; and $93.8 billion, local in 2005, the latest year for whichreports were available. The study concluded that total spending amounted to 10.7 percent of thetotal budgets of $4.4 trillion. However, only a small portion of these dollars was spent onprevention and treatment (1.9 %), research (0.4%), taxation and regulation (1.4%) and

interdiction (0.7 %). The bulk of the funding was paid towards activities the report described as“shoveling up the wreckage,” the consequences of tobacco, alcohol and other drug abuse andaddiction (95.6%). The study concluded that if substance abuse and addiction were given its ownbudget category in the federal budget, it would be the sixth highest funded entity, behind onlysocial security, national defense, income security, Medicare and other health programs includingthe federal share of Medicaid.

In Arkansas, according to the study, spending on substance abuse ($888 million) is third,behind elementary and secondary education ($2,328 million) and higher education ($2,129million). Ninety-five cents of every dollar is spent on the burden substance abuse creates onpublic programs (shoveling up) while only two cents goes to prevention, roughly three cents to

treatment and less than a penny to regulation and compliance. The following table from thereport shows the break-down by category of burden spending in the state2:



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B. Prevalence of Illicit Drug Use and Alcohol Abuse

Although federal, state and local funding for treatment programs has risen gradually in thepast few years, these increases are falling short of the level of need. In Arkansas, there had beenno increase in funding in the Alcohol and Drug Abuse Prevention program in the past 13 years.

The Arkansas legislature did pass a tobacco tax increase that will provide substance abusecoverage through the state Medicaid program for pregnant women and adolescents. Nationally,only 10% of individuals in need of substance abuse treatment receive it. In Arkansas, a recentstudy indicated that only 5% are treated.3 Every year, 95% of the estimated 270,000 Arkansans inneed of substance abuse treatment lack access to such.

SAMHSA (Substance Abuse and Mental Health Service Administration) provides stateinformation concerning the prevalence of drug use in each state. In the 2006-2007 NationalSurvey on Drug Use and Health (NSDUH), the report indicates that 174,000 Arkansans age 18 orolder reported use of an illicit drug during the past month.4 Twenty-four thousand youth betweenthe age of 12 and 17, reported use of an illicit drug during the past month. Past month use of

marijuana was reported by 119,000 Arkansans 18 and over and by 14,000 youth between 12 and17 years of age. Because alcohol is only illegal for those under age 21, the report collectsinformation concerning binge alcohol use, i.e. drinking five or more drinks on the same occasionon a single day in the past month, as an indication of an alcohol issue. The report indicates that490,000 Arkansans age 18 and over reported binge drinking. An alarming 40,000 Arkansas youthbetween age 12 and 17 reported binge drinking. Unfortunately, Arkansas does not reportcomposite information for those under age 21 who binge drink. Approximately 38,000 Arkansasyouth between age 12 and 17 reported tobacco use during the past month. All these figures mustbe considered an undercount because the survey upon which they are based is a household survey,thus not reaching persons who are institutionalized. In Arkansas, one out of every 102 adults isincarcerated either in prison or jail.5

A more comprehensive picture of substance abuse in youth can be found through theArkansas Prevention Needs Assessment (APNA) conducted through the public schools eachNovember.6 Comparisons of this state data can be made to the national Monitoring the Future(MTF) data. In 2008, 219 school districts administered the survey in the 6th, 8th, 10th and 12th

grades, the highest number of school districts participating since the survey began in 2002. Atotal of 85,130 student surveys were validated to comprise the report.

Overall the report indicates a good trend. Since 2002, there has been a decrease in studentuse for alcohol, cigarettes, smokeless tobacco and marijuana. However, the 2008 APNA stillindicates a heavy use by Arkansas youth for these substances. Binge drinking appears to be the

most serious use problem among Arkansas youth. Over 13% of youth reported binge drinking inthe past two weeks prior to the survey. Perhaps most alarming is the reported average age of initiation to alcohol use in Arkansas. The average first regular use of alcohol (more than a sip)has remained steady over the past six years in Arkansas at age 14.1. In response to a questionconcerning source, across all grades, the most prominent response was “I got it from someoneover 21.” Twenty-seven percent of high school seniors that reported drinking, reported the source



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as someone over 21. However, over four percent of the students reported their source as “gettingit from home with parent’s permission.” Retail sales of alcohol to minors does not appear to be amajor issue in Arkansas with the total reporting purchases with or without a fake i.d. being below1 percent.

Marijuana use has continued to decline according to the survey. The total percentage for2008 was 15.4, a 7.3 point decrease from the 22.7 percentage reported in 2003.

The APNA collected for the first time in 2008, misuse of prescription drugs, providing forthe first time information in this emerging category of substance abuse. The percentages arealarming at 3.9 percent of 6th graders, 10.6 percent from the 8th grade, 18 percent of 10th graders,and 22.2 percent of high school seniors. Misuse of prescription drugs was defined in the surveyas use of “Valium, Xanax, Ritalin, Adderall, OxyContin, Darvocet, or sleeping pills without adoctor telling you to take them.” The total percentage for Arkansas misuse of prescription drugswas 12.8 percent. No information was collected concerning the source of these prescription drugsduring the 2008 survey.

Compared to the MTF data, Arkansas youth alcohol consumption is just below thenational rate in 2008. Tobacco use in Arkansas, both cigarettes and smokeless tobacco, exceedsthe national averages slightly. And, surprisingly, marijuana use among Arkansas youth is belowthe national rate. The use of inhalants continues to be above the national rate.

C. Drugs/Alcohol and Crime



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The correlation between substance abuse and criminal activity continues to bedemonstrated daily in the Arkansas criminal justice system as more and more repeat offenders arerecycled through the judicial system and on to the correction community for incarceration. Thefact that the top offense for both admission and serving time in Arkansas Department of Correction in fiscal year 2008 is controlled substance is a testament to this reality. More persons

were sent to the Arkansas penitentiary for controlled substance charges in FY 2008 (2,078) thanthose sent for burglary, theft and assault & battery combined (849, 565, and 438 respectively).The average sentence for those serving time for controlled substances is thirteen and a half years.7

Again, relying on the National Surveys on Drug Use and Health (NSDUH), a survey thatexcludes those institutionalized in prison or jail, an estimated 1.2 million adults aged 18 or olderwere arrested on average during years 2002, 2003 and 2004 for a serious violent or propertyoffense and of those arrested, 60.1 percent were more likely to have used an illicit drug in the pastyear than those who were not arrested (13.6%).8

Figure 1. Percentages of Persons Aged 18 or Older Reporting Any Past Year Illicit Drug Use, by

Whether They Were Arrested for Part I Offenses in the Past Year: 2002, 2003, and 2004

According to the report on Drug Use and Dependence, State and Federal Prisoners, 20049



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(the most recent report available from the Bureau of Justice Statistics), the percent of stateprisoners under the influence of drugs at the time of commission of their offense has remainedsteady from 1997 through 2004 at 33%. Those that indicated drug use in the month prior to theiroffense also remained constant at 57%. In 2004, only about a third of the prisoners who met thecriteria for drug dependency or abuse the month before their offense participated in drug abuse

programs in state prison. And the churning effect noted above of recycling prisoners through thecriminal justice system is indicated by the fact that prisoners with drug dependency or abuse hadextensive criminal records. Among state prisoners who were dependent on or abusing drugs, 53%had at least three prior sentences to probation or incarceration, compared to 32% of other inmates.Substance dependent or abusing inmates were also more likely to have been on probation orparole supervision (48%) than other inmates (37%). Although marijuana remained the mostcommon drug used by state prisoners, there was a shift downward between 1997 and 2004 forcocaine/crack use. The rate in 1997 was 49.2 percent and it decreased to 46.8 percent in 2004.However, the gain there to society was made up for in methamphetamine use, up to 23.5 percentin 2004 from 19.4 percent in 1997. Except as mentioned, drug use by state prisoners between thetwo periods was unchanged.

In the future, as more information becomes available concerning criminal activity andsubstance abuse in the state, more specific information will be helpful in designing programs tomeet local community needs. One of the recommendations of the Arkansas StateEpidemiological Workgroup in their report in 2007 was that age, race and gender data becollected in all criminal justice databases and that specific information concerning the type of drug involved in the drug conviction be reported. The workgroup also recommended that courtsbegin collecting and reporting the specific substance of abuse when offenders are charged withdrug felonies. Data bases are just now being created to start collecting this important information.

D. Impact on Corrections

A large portion of the state general revenue budget goes to support the operations of corrections in Arkansas (8% in fiscal year 2008 according to the National Association of StateBudget Officers, State Expenditure Reports). In a study conducted in 2008 by the PEW Center onthe States, Arkansas ranked 10th in the nation in percentage of total general fund expenditure forcorrections. The report, entitled One in 100: Behind Bars in America 2008 provides interestingdetail and state-by-state analysis of growth in prison populations across the country.10 Forexample, one out of every 102 adults in Arkansas is incarcerated; one out of every 29 adults isunder correctional control, i.e. incarcerated, on probation or parole. In 1982, only one in 134

adults were incarcerated, on probation or parole. In 1983, the costs per offender per day forincarceration in prison was $19.09. In 2008, that costs was reported as $57.13. The currentpopulation in Arkansas under correction control exceeds 70,000, more than the populations of 65of the 75 counties in the state. However, the percentage of the correctional population in prisonor jail has decreased since 1982. Arkansas now ranks 32nd in the state rankings with 29 percent of the correctional population in prison or jail. In 1982, Arkansas ranked 2nd in the nation with 43



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percent of the population incarcerated or jailed.

This reduction is largely attributable to placement of technical violators from theparole/probation population in new technical violators centers in the state, many times divertingthem from a return to the general corrections population in prison. In a presentation to thelegislative committee on Charitable, Penal and Correctional Institutions, G. David Guntharp,Director, DCC, reported on the rapid growth in the caseload of community corrections officers.The technical violation centers provide a shorter (usually 60 days) period of incarceration inwhich to rehabilitate the offender for outside life, thus reducing the costs associated with return tothe general prison population. The Arkansas Department of Correction reports a reduction inrecidivism from 44.4% in 2004 to 41.4% in 2005, the latest data available.11 However, in asurvey conducted on 1,225 residents of the TV Centers between July 2005, through March 2006,the recidivism rates was considerably lower at 22.7%.12

Another area of costs in the corrections population is those incarcerated awaiting release.

On any given day, approximately 1800 prisoners remain behind bars although they have been

Community Supervision Caseload Fiscal Years 1997-2008 and FY 2009 (through May 2009)

35,514 37,50237,987

41,70143,755

50,312

53,444 53,60252,491

47,165

32,691

34,729

44,851

32,54033,23433,107

32,22030,865

30,03129,44828,520

26,97128,40328,17527,362

26,680

13,07715,517

13,92812,018

20,31419,42718,61217,363

11

10,0738,6096,984

70 2995786537727297318421,176

1,032844440

32

14

17013070535250541319950560

10,000

20,000

30,000

40,000

50,000

60,000

FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 May

Tota l Probation Paro le Boot Camp Pre-Trials/SIS



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approved for release. At a cost of $57.13 compared to $1.22 per day on probation, the potentialcosts do mount up. The pie chart below shows the array of reasons this delay occurs.

Total Number and Percentage of Inmates Approved for Release but Still Incarcerated for M ay 2009

Release when ClassII, 24, 2% Rescind Pending , 42, 3%

Parole to Out of State Only, 24, 2%

Parole to Detainer Only, 15, 1%

Board Imposed Bid, 33, 2%

Past PE/TE Date, 168, 11%

No Parole Plan, 187, 12%

Denied Plan, 110, 7%

Other, 84, 6%

Total Pgm Required before

Release, 215, 14%

Awaiting PE/TE Date, 556, 37%

Awaiting PPV, 47, 3%



19

The Arkansas drug court program continues to be an important strategy in reducing thecosts of prison growth in the state. Although only providing a diversion program forapproximately 1700 participants during FY 2009, when multiplied by the costs per day ($57.13)and the days per year, the program saved approximately $26 million dollars for the state incorrections costs. (This includes the deduction of approximately $9.96 per day for a drug court

participant as reported by the Division of Legislative Audit.) In a recent report to the legislativesubcommittee on Charitable, Penal and Correctional Institutions, Director Guntharp reported thatthe recidivism rate for drug court graduates (those who successfully complete the drug courtprogram requirements) is 5.7 percent, approximately one-fourth the rate for persons in the regularprobation/parole program (21.7% for probation/23.7% for parole) and a stark contrast to theoverall recidivism rate for the Department of Correction (41.4%). Drug court programs seem tobe very successful in breaking the churning cycle that otherwise sends offenders repeatedlythrough the criminal justice system.

E. Overview of Drug Courts in the United States

First begun in Dade County, Florida in 1988, drug courts became a national trend duringthe late 1990s to address the overwhelming rise in illicit drug use and the resultant overcrowdingin prison systems. Today, there are over 2100 problem solving courts in various stages of development. Over 1,040 of these are adult drug court programs. Recent years have seen anexpansion of this model into the family court and juvenile court settings as well as specializeddockets for veterans, homeless and DWIs.

A drug court program is typically defined as “a highly structured judicial interventionprocess for substance abuse treatment of eligible offenders which requires successful completion

of the drug court program treatment in lieu of incarceration.” Although each court operates withsome degree of flexibility, the purpose behind the creation of such courts is to reduce crime bychanging the defendant’s substance abuse behavior. In exchange for full participation in thetreatment program to graduation, charges are frequently dismissed or reduced, thus avoidingcostly incarceration and additional societal costs, such as welfare payments for the defendant’sfamily and increased medical costs associated with substance abusers. In the meantime, while theoffender processes through the drug court program, he/she remains employed in the communityand often is required to perform community service work as a condition of his/her programparticipation.

A drug court team consists of the judge and court staff, the prosecuting attorney, thepublic defender or private counsel representing the defendant, treatment counselors, intake orassessment officers, and probation or parole personnel. Residential treatment programs arecontracted for by the court with community providers. Out-patient treatment and group therapyare provided by the treatment counselors employed by the correction department. Most courtsrequire attendance to some group programs usually based on the 12 steps to recovery. Drug court



20

treatment programs are rigorous in their requirements and frequently are presented in phases orstages, with advancement following completion of the earlier portion of the program. Treatmentincludes frequent mandatory drug testing and status hearings where the offender must reappearbefore the court. Prescribed sanctions and appropriate rewards are an important component to asuccessful drug court program. Much of the literature on drug courts indicates that the ultimate

success or failure of a program often hinges on the close interpersonal interactions between the judge and the offender throughout the course of treatment. Those courts with lower success ratesare ones that rotate a panel of judges through the drug court system in their jurisdiction.

Drug courts operate in two ways, either allowing an eligible offender to enter treatmentprior to being charged with the crime (pre-adjudication) or, after a plea to the court, as a conditionof probation (post-adjudication). Not all offenders are eligible for drug court participation.Typically, only those charged with non-violent crimes with a demonstrated chemical dependenceon alcohol or an illicit drug can be considered by the program. Most courts exclude anydefendants required to register as a sexual offender. Drug courts vary on whether offenders withprior criminal records can be considered for the program. In a February 2005 GeneralAccounting Office report to the Congressional House and Senate Committees on Judiciary13, theGAO found that the typical drug court participant could be described as male with pooremployment and educational achievement.

Since the rapid growth in drug courts of the late 1990s and early 2000s, the federalDepartment of Justice, Bureau of Justice Assistance (BJA) has supported the establishment of aNational Drug Court Institute to provide support to drug courts in operation throughout theUnited States, as well as a professional organization known as the National Association of DrugCourt Professionals (NADCP). These entities, along with a Drug Court Clearinghouse andTechnical Assistance Project operated in the Justice Programs Office at American University,

provide annual training, technical support and information sharing to drug courts. In January1997, the NADCP and the Office of Justice Programs developed and published the ten keycomponents that define drug courts. These ten basic elements provide the skeletal structure upon

which most drug courts are formed. (These components were incorporated into the ArkansasDrug Court Act of 2007, Act 1022, and have become requirements for drug courts operating inthe state.)



21

F. Development of Drug Courts in Arkansas

Arkansas’ first drug court was established in 1994 in the Sixth Judicial District (PulaskiCounty) as a pre-adjudication program then known at S.T.E.P. (Supervised Treatment andEducation Program). In operation as a pilot program until 1999 and the successor drug courtprogram known as P.A.C, ( Post-Adjudication Drug Court) were both supported from grantsawarded by the Office of Justice Programs Drug Courts Program Office requiring such courts tofollow a treatment modality. Recognizing the effectiveness of a drug court, when grant fundingexpired, the Department of Community Correction stepped in to provide support for the drugcourt program.

Since 1994, the Department of Community Correction has provided personnel to establish

additional drug courts throughout the state. DCC provides probation officers and treatmentcounselors for all but one drug court in the state. The judge, public defender, prosecutor andcourt staff are not paid additionally for participation in the drug court program, although thedocket tends to be very labor intensive with frequent staffings and longer court sessions. Manycourts conduct their sessions during the lunch hour or at night to accommodate participants’ work schedules. There are currently 42 adult drug courts that are operational. There are twenty-two

KEY COMPONENTS OF DRUG COURTS

#1. Drug courts integrate alcohol and other drug treatment services with justice system case processing.

#2. Using a non-adversarial approach, prosecution and defense counsel promote public safety protectingparticipants’ due process rights.

#3. Eligible participants are identified early and promptly placed in the drug court program.

#4. Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitationservices.

#5. Abstinence is monitored by frequent alcohol and other drug testing.

#6. A coordinated strategy governs drug court responses to participants’ compliance.

#7. Ongoing judicial interaction with each drug court participant is essential.

#8. Monitoring and evaluation measures the achievement of program goals and gauge effectiveness.

#9. Continuing interdisciplinary education promotes effective drug court planning, implementation, andoperations.

#10. Forging partnerships among drug courts, public agencies, and community-based organizations generateslocal support and enhances drug court program effectiveness.



22

counties that are not served with a drug court. Some of those counties continue to have a highrate of drug-related arrests, particularly Mississippi and Phillips Counties. Although courtpersonnel are willing to establish a program in that county, the additional personnel required fromDCC has not materialized in that agency budget in recent years.

In addition, beginning July 2009, Arkansas has ten juvenile drug courts that have becomeoperational or continue in operation with funding to support an intake/probation officer. Thesecourts are located under the juvenile court program operated in Benton, Washington,Independence, Faulkner, St. Francis, Saline, Garland, Jefferson, Drew and Ouachita Counties.Information concerning Arkansas adult drug courts and their locations is contained in AppendixB. Appendix C contains an Arkansas map displaying the 2009 Arkansas Juvenile Drug CourtProgram.

Through grant dollars coming from the State Highway Safety Office in the Arkansas StatePolice, two pilot DWI courts became operational in 2009, in Batesville and Hot Springs. District

Court Judges Chaney Taylor and David Switzer are following the adult drug court model to divertmultiple DWI offenders into a treatment program coupled with community service andmandatory, random alcohol and other drug testing in an effort to reduce the number of repeatDWIs offenders in the state. Both courts are committed to collecting accurate data to report onthe impact the programs have in their areas.

Arkansas drug court programs, now growing in their maturity, have become an integralpart of the “recovery community.” Graduation programs are well attended by local officials,legislators, as well as family and friends of the participants. Drug courts routinely hostcommunity forums or cook-outs and participate in recovery month activities during the month of

September each year. Court anniversaries are marked with celebrations that include drug courtgraduates, many coming back to share the story of their journey with current drug courtparticipants. At one such celebration in 2009, a recent model used car was given away to a luckygraduate in attendance. Local businesses and employers provide substantial support to Arkansasdrug courts in the form of employment, contributions for incentives and monetary support forcelebrations. To increase the awareness of the consequences of substance abuse, some drugcourts hold hearings in local public schools and one court is regularly televised on the local cableclosed circuit channel.

Although Arkansas drug courts have proven themselves quite competitive in obtaining

federal grant dollars, the majority of the drug courts in Arkansas are dependent of funds from theDepartment of Community Correction to operate. As new emphasis has been placed on drug courtin the federal government, many courts have succeeded in attracting new federal dollars forexpansion of services in their courts. In 2007, drug courts have secured state support to fundtreatment through the partnership with the Office of Alcohol and Drug Abuse Prevention DHS andthe Department of Community Corrections. Funding for treatment for FY 2009 in Arkansas adult



23

drug courts is $3 million, half in general revenue and half contributed by the Tobacco Cessationand Prevention Program at the Arkansas Department of Health. These funds are used by drugcourts to pay for intensive residential treatment in providers’ facilities in the state. Providers mustagree to the terms of the contract with the Department of Community Corrections to receivereimbursement for treatment from the drug court program. Some court programs are beginning to

secure local community support through “Friends of the Drug Court” programs that solicitcontributions and hold fund raisers to support the activities of the court.

In 2009, these courts conducted over 86,799drug tests on approximately 1700 participants.The number of participants has risen from 1426 in December 2006 to over 1750 in 2009. Thecapacity to grow further is limited by state law that restricts the number of participants pertreatment counselor and number of participants per probation officer, necessary quality controlmeasures to assure the adequate monitoring of participants in the program, and the lack of additional funds to hire more personnel.

On a state level, the courts operate under the guidance of a partnership between theAdministrative Office of the Courts, the Office of Alcohol and Drug Abuse Prevention in DHS,and the Department of Community Corrections. In 2007, the legislature created the position of State Drug Court Coordinator in the Administrative Office of the Courts to develop a centralizedmanagement information system, to coordinate state training programs, to prepare reports andoversee evaluation activities. The court coordinator serves as the liaison with DHS and DCC atthe state level. The coordinator assists drug courts with training, hosting an annual statewideconference to bring technical experts in drug court programs to the state. In 2008, the coordinatorassisted drug courts in establishing the Arkansas Drug Court Professionals Association. Theassociation co-hosts the annual conference and provides a leadership structure for the furtheranceof professionalism in the drug court program. The drug court coordinator publishes a bi-monthly

newsletter, The Line, posted on the AOC web-site, that provides updates and informationconcerning drug courts’ activities throughout the state. The state drug court coordinator serves asthe Arkansas representative to the national meeting of state drug court coordinators held eachOctober and works with the National Association of Drug Court Professionals to secure supportfrom the Arkansas Congressional delegation to the program in the Department of Justice.Currently, forty-six states, the District of Columbia and two territories have a designated state drugcourt coordinator, with the majority of these (88%) located in the state court administrator’s office.



24

Notes

1. National Center on Addiction and Substance Abuse, Columbia University, New York.Shoveling Up II: The Impact of Substance Abuse on Federal, State and Local Budgets , May 2009.

2. Id. at page 91.

3. Arkansas Department of Human Services, Project 95 Committee, September 2007.

4. Substance Abuse and Mental Health Service Administration (SAMHSA), National Surveys onDrug Use and Health 2006-2007, Arkansas State Estimates of Substance Use,http://www.oas.samhsa.gov/2K7State/Arkansas.htm.

5. Pew Center on the States, One in 31: The Long Reach of American Corrections. Washington,D.C.: The Pew Charitable Trusts, March 2009.

6. Arkansas Department of Human Services, Office of Alcohol and Drug Abuse Prevention, Arkansas Prevention Needs Assessment (APNA) Student Survey, State Report 2008

http://www.state.ar.us/dhs/dmhs/adap_survey.htm7. Arkansas Department of Correction, 2008 Annual Report , http://www.adc.arkansas.gov.

8. Substance Abuse and Mental Health Service Administration, Office of Applied Studies, The

NSDUH Report: Illicit Drug Use among Persons Arrested for Serious Crimes, December 16-2005.http://www.oas.samhsa.gov/2k5/arrests/arrests.htm.

9. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Drug Use

and Dependence, State and Federal Prisoners, 2004. October 2006, Revised, 1/19/07

10. Pew Center on the States, One in 100: Behind Bars in America 2008. Washington, D.C.: ThePew Charitable Trusts, February 2008.

11. Arkansas Department of Correction, 2005 Recidivism Study, 2008.

12. Arkansas Department of Community Correction, G. David Guntharp, Director’s Presentationto Legislative Joint Subcommittee on Charitable, Penal and Correctional Institutions, Summer2009. pages17 & 21.

13. United States Government Accountability Office, Report to Congressional Committee. Adult

Drug Courts: Evidence Indicates Recidivism Reductions and Mixed Results for Other Outcomes.

February 2005



25

IV. Appendices



26

Appendix A

Drug Court Caseload

1300

1350

1400

1450

1500

15501600

1650

1700

1750

Nov.

07

Dec.

07

Jan.

08

Feb.

08

Mar.

08

Apr.

08

May-

08

Jun.

08

Jul.

08

Aug.

08

Sep.

08

Oct.

08

Nov.

08

Dec.

08

Reporting Period

C a s e l o a d

Caseload



27

Appendix B



B-1

1st Judicial Circuit

Counties Served: St. Francis (Forrest City, Arkansas)

Treatment Allocation for FY 2010 $37,019.00

Type: Adult - Post–adjudication

Judge: Hon. Bentley Story

Court Address: P.O. Box 249Forrest City, AR 72336

Contact: Glynda Wilson – Assistant Area Manager

Phone: 870-261-7545E-mail: [email protected]

Pre-Court Staffing Session: Thursdays at 1:00 p.m.Location: 313 South Izard Street

Forrest City, AR 72335

Court Session: Thursdays at 1:30 p.m.Location: same as above



B-2

2nd Judicial Circuit

Counties Served: Craighead (Jonesboro, Arkansas)


Type: Adult - Post-adjudication

Judge: Hon. David Laser

Court Address: P.O. Box 420 Jonesboro, AR

Contact: Tammy Darnell – Administrative Assistant

Phone: 870-972-6206E-mail: [email protected]

Pre-Court Staffing Session: Tuesdays at 5:30 p.m.Location: Justice Complex, 410 W. Washington

Jonesboro, AR 72401

Court Session: Tuesdays at 6:00 p.m.Location: Justice Complex Courtroom



B-3


Counties Served: Greene (Paragould, Arkansas)



Judge: Hon. Randy Philhours

Court Address: 320 W. Court Street, Box 121Paragould, AR 72450

Contact: Scott Rogers – Administrative Assistant

Phone: (870) 236-7500E-mail: [email protected]

Pre-Court Staffing Session: Mondays at 6:00 p.m.Location: Greene County Courthouse

Court Session: Mondays at 6:30 p.m.Location: Greene County Courthouse



B-4


Counties Served: Crittenden (West Memphis, Arkansas)



Judge: Hon. Cindy Thyer

Court Address: 320 W. Court Street, Room 212Paragould, AR 72450

Contact: Brian Holt – Drug Court CoordinatorPhone: (870) 735-4486E-mail: [email protected]

Pre-Court Staffing Session: Every other Monday at: 9:00 a.m.Location: See above address

Court Session: Every other Monday at 9:30 a.m.Location: See above address



B-5

3rd Judicial Circuit

Counties Served: Jackson (Newport, Arkansas)



Judge: Hon. Harold Ewing

Court Address: 208 Main StreetNewport, AR 72112

Contact: Marcus Guthrie – Probation Officer

Phone: (870) 523-4191E-mail: [email protected]

Pre-Court Staffing Session: Fridays at 8:30 a.m.Location: Jackson County Courthouse – Judges Chambers

Court Session: Fridays at 9:00 a.m.Location: Jackson County Court Room



B-6


Counties Served: Randolph (Pocahontas, Arkansas)



Judge: Hon. Philip Smith

Court Address: 1112 Pace Road

Pocahontas, AR 72455

Contact: Tara Sharp – Probation/Parole OfficerPhone: (870) 248-3330

E-mail: [email protected]

Pre-Court Staffing Session: Thursdays at 9:00 a.m.

Location: Randolph County Sheriff Department – Judges Chambers

Court Session: Thursdays at 9:00 a.m.

Location: Randolph County Sheriff Department – District Court Room



B-7


Counties Served: Lawrence (Walnut Ridge, Arkansas)



Judge: Hon. Philip Smith

Court Address: 1000 W. Main Street

Walnut Ridge, AR 72476

Contact: April Faughn – Probation/Parole OfficerPhone: (870) 886-3553


Pre-Court Staffing Session: Thursdays at 1:30 p.m.

Location: Lawrence County Courthouse – Judges Chambers

Court Session: Thursdays at 1:30 p.m.

Location: Lawrence County Courtroom



B-8

4th Judicial Circuit

Counties Served: Washington (Fayetteville, Arkansas)



Judge: Hon. Mary Ann Gunn

Court Address: 123 N. College

P.O. Box 4703

Fayetteville, AR 72702

Contact: Gretchen Smith

Phone: 479-973-8420


Pre-Court Staffing Session: Mondays at 9:00 a.m. & 11:00a.m.

Location: Washington County Courthouse

Court Session: Day: Mondays at 10:00 a.m. & 1:00 p.m.

Location: Washington County Courthouse



B-9


Counties Served: Johnson, Franklin (Clarksville, Arkansas)


Type: Adult - Hybrid

Judge: Hon. Dennis Sutterfield

Court Address: 215 West Main Street

Clarksville, AR 72830

Contact: Justin FreemanPhone: 114 South Fulton Street


Pre-Court Staffing Session: 1st Wednesday of the Month at Noon

Location: Johnson County Circuit Courtroom

Court Session: 1st Wednesday of the Month at 12:30 p.m.

Location: Johnson County Circuit Courtroom



B-10


Counties Served: Pope (Russellville, Arkansas)



Judge: Hon. Dennis Sutterfield

Court Address: 100 W. Main Street

Russellville, AR 72802

Contact: Liza Brown – Deputy Prosecuting Attorney Phone: (479) 968-8600


Pre-Court Staffing Session: 2nd & 4th Mondays at 11:00 a.m.

Location: Pope County Courthouse

Court Session: 2nd & 4th Mondays at 12:00 p.m.

Location: Pope County Courthouse



B-11


Counties Served: Perry, Pulaski (Little Rock, Arkansas)



Judge: Hon. Mary S. McGowan

Court Address: 401 West Markham, Suite 320

Little Rock, AR 72201

Contact: Jackie AustinPhone: (501) 340-5602


Pre-Court Staffing Session:

Location: Not Applicable

Court Session: As Scheduled



B-12


Counties Served: Grant, Hot Spring (Malvern, Arkansas)



Judge: Hon. Chris Williams

Court Address: 210 Locust Street

Malvern, AR 72104

Contact: John Woolem – Drug Court OfficerPhone: 501-467-3633


Pre-Court Staffing Session: Friday at 1:30 p.m. & Monday at 12:30 p.m.

Location: Fridays - 215 E. Highland Ave, Suite 3, Malvern, AR 72104

Mondays – 210 Locust Street, Malvern, AR 72104

Court Session: Day: Mondays at 1:00 p.m.Location: 210 Locust Street, Malvern, AR 72104



B-13

8th N. Judicial Circuit

Counties Served: Hempstead, Nevada (Hope, Arkansas)


Type: Adult - Pre–adjudication

Judge: Hon. Duncan Culpepper

Court Address: 2806 N. Hazel Street

Hope AR, 71801

Contact: Phyllis Stroughter – Drug Court Admin. Specialist IIPhone: (870) 777-2445


Pre-Court Staffing Session: Wednesday – once a month at 11:30 a.m.

Location: 400 South Washington, Hope, AR 71801

Court Session: Wednesday – once a month at 1:30 p.m.

Location: 400 South Washington, Hope, AR 71801



B-14

8th S. Judicial Circuit

Counties Served: Miller (Texarkana, Arkansas)



Judge: Hon. Joe Griffin

Court Address: 410 Laurel, Suite 207

Texarkana, AR 71854

Contact: Jodi Burke – Trial Court AssistantPhone: 870-774-2421


Pre-Court Staffing Session: 2 times a month - Day: Varies Time: 30 minutes

before court

Location: Miller County Courthouse

Court Session: 2 times a month - Day: Varies Time: 9:00 a.m. & 1:00 p.m.

Location: Miller County Courthouse



B-15

9th E. Judicial Circuit

Counties Served: Clark (Arkadelphia, Arkansas)



Judge: Hon. Robert McCallum

Court Address: 419 Clay Street, 2nd Floor of Court Complex Bldg.

Arkadelphia, AR 71923

Contact: Lanna Clark – Trial Court AssistantPhone: 870-246-8218


Pre-Court Staffing Session: 2nd Wednesday & last Monday of every month at

8:30 a.m.

Location: Judges Chambers

Court Session: 2nd Wednesday & last Monday of every month at

9:00 a.m.Location: Circuit Courtroom



B-16

9th W. Judicial Circuit

Counties Served: Howard, Pike (Nashville, Arkansas)



Judge: Hon. Charles Yeargan

Court Address: 420 N. Main, Suite 3

Nashville, AR 71852

Contact: Sandra Hundley – Drug Court Administrative AssistantPhone: (870) 845-3793


Pre-Court Staffing Session: Wednesdays at 1:00 p.m.

Location: 400 Howard County Courthouse

Court Session: Wednesdays at 1:30 p.m.

Location: Howard County Courthouse



B-17


Counties Served: Ashley, Bradley, Drew, Desha & Chicot

(Monticello East, Arkansas)



Judge: Hon. Bynum Gibson

Court Address: Drew County Courthouse

210 South Main

Monticello, AR 71655

Judge: Hon. Sam Pope

Court Address: 205 E. Jefferson, # 12

Hamburg, AR 71646

Contact: Trinita Newton – Intake Officer

Phone: 870-367-3201


Pre-Court Staffing Session: Mondays at 3:30 p.m.

Location: Drew County Courthouse

Court Session: Day: Mondays at 4:00 p.m.

Location: Drew County Courthouse



B-18


Counties Served: Arkansas (Stuttgart, Arkansas)



Judge: Hon. David Henry

Court Address: 302 College Street

Stuttgart, AR 72160

Contact: Mindy Hoskyn – Trial Court AssistantPhone: 870-673-3181



Location: Stuttgart Courthouse

Court Session: Day: Mondays at 3:30 p.m.

Location: same as above



B-19


Counties Served: Jefferson (Pine Bluff, Arkansas)



Judge: Hon. Berlin C. Jones

Court Address: 101 West Barraque

Pine Bluff, AR 71601

Contact: Marjorie (Margie) Felkins – Administrative Assistant/Intake Officer

Phone: (870) 850-8966


Pre-Court Staffing Session: Wednesdays at 8:30 a.m.

Location: Jefferson County Courthouse – 1st Division Jury Room

Court Session: Wednesdays 10:00 a.m.

Location: Jefferson County Courthouse



B-20


Counties Served: Sebastian (Fort Smith, Arkansas)


Type: Adult Pre–adjudication

Judge: Hon. J. Michael Fitzhugh &

Hon. Stephen Tabor

Court Address: 901 S. B Street

Fort Smith, AR 72901

Contact: Shirl Page – Coordinator

Phone: (479) 784-1507


Pre-Court Staffing Session: Fridays at 8:30 a.m.

Location: Jury Room, Courts Building

Court Session: Fridays at 9:00 a.m.

Location: Courts Building, Courtroom



B-21


Counties Served: Ouachita (Camden, Arkansas)



Judge: Hon. Edwin Keaton

Court Address: 145 Jefferson Street

Camden, AR 71701

Contact: Hon. Edwin Keaton – Circuit JudgePhone: 870-837-2270


Pre-Court Staffing Session: Mondays at 8:15 a.m.

Location: Ouachita County Courthouse, 3rd Floor (Jury Room)

Court Session: 2nd & 4th Mondays at 9:00 a.m.

Location: Ouachita County Courthouse, Courtroom B



B-22


Counties Served: Union (El Dorado, Arkansas)



Judge: Hon. Carol Anthony

Court Address: Union County Courthouse

101 N. Washington

El Dorado, AR 71730

Contact: Paul Meason – Drug Court Coordinator

Phone: 870-881-9301



Location: 100 Hargett Street

El Dorado, AR 71730

Court Session: Fridays at 9:00Location: Union County Courthouse



B-23


Counties Served: Columbia (Magnolia, Arkansas)



Judge: Hon. Larry Chandler

Court Address: 222 S. Pine

Magnolia, AR 71753

Contact: Tiffany Mendenhall – Drug Court CounselorPhone: 870-234-6016

Pre-Court Staffing Session: 1st & 3rd Thursdays at 1:30 p.m.

Location: Criminal Detention Facility

82 Columbia Road 300

Magnolia, AR 71753

Court Session: 1st

& 3rd

Thursdays at 2:30 p.m.Location: Criminal Detention Facility – Magnolia, AR



B-24


Counties Served: Boone (Harrison, Arkansas)



Judge: Hon. Gordon Webb

Court Address: Boone County Courthouse

100 N. Main

Harrison, AR 72601

Contact: Polly Leimberg – Trial Court Assistant

Phone: 870-741-2102

Pre-Court Staffing Session: 2 Fridays a month at 8:00 a.m.

Location: Boone County Courthouse

Court Session: 2 Fridays a month at 9:00 a.m.

Location: Boone County Courthouse



B-25


Counties Served: Baxter (Mountain Home, Arkansas)



Judge: Hon. Gordon Webb

Court Address: Department of Community Corrections

613 South Street

Mountain Home, AR 72653

Contact: Eva Frame – Drug Court Probation/Parole Officer

Phone: 870-425-9139


Pre-Court Staffing Session: Every other Thursday at 1:00 p.m.

Location: Department of Community Correction in Mountain Home

Court Session: Every other Thursday at 2:00 p.m.

Location: Department of Community Correction in Mountain Home



B-26


Counties Served: Logan, Scott (Booneville, Arkansas)



Judge: Hon. Jerry Don Ramey

Court Address: Logan County Courthouse

366 N. Broadway

Booneville, AR 72927

Contact: Doug Hartman

Phone: 479-675-3170


Pre-Court Staffing Session: Day: Varies at 8:30 a.m.

Location: Logan County Courthouse, Booneville, AR

Court Session: Day: Varies Time: Immediately following the Staffing

Location: Logan County Courthouse



B-27


County Served: Yell (Danville & Dardanelle, Arkansas)


Type: Adult - Pre - Adjudication


Court Address: 110 W. 6th

Danville, AR 72833

Contact: Aleisha SpiresPhone: 479-495-5731


Pre-Court Staffing Session: Day: Varies Time: Immediately prior to Court

Location: 108 Union Street, Dardanelle, AR 72834

Court Session: Day: Varies Time: 8:30 a.m.

Location: 108 Union Street, Dardanelle, AR 72834



B-28


County Served: Conway (Morrilton, Arkansas)




Court Address: 117 S. Moose

Morrilton, AR 72110

Contact: Betsy Bostian - Drug Court Probation OfficerPhone: (501) 354-2164


Pre-Court Staffing Session: 2nd Wednesday at 10:30 a.m.

Location: Conway County Courthouse, Morrilton, AR

Court Session: 2nd Wednesday at 11:00 a.m.

Location: Conway County Courthouse, Morrilton, AR



B-29


County Served: Independence (Batesville, Arkansas)



Judge: Hon. John Dan Kemp

Court Address: 107 West Main Street, Suite G

Mountain View, AR 72560

Contact: Ruth BondsPhone: 870-269-8989

E-mail:


Location: County Courthouse: 549 W. Main Street

Batesville, AR 72501

Court Session: Mondays at 1:30 p.m.

Location: County Courthouse: 549 W. Main StreetBatesville, AR 72501



B-30


County Served: Cleburne (Heber Springs, Arkansas)




Court Address: 110 D. Tulaka Blvd.

Heber Springs, AR 72543

Contact: Tonya Benton

Phone: (501) 362-3229


Pre-Court Staffing Session: Mondays at 9:00 a.m.

Location: County Courthouse: 110 D. Tulaka Blvd.,


Court Session: Mondays at 9:30 a.m.

Location: County Courthouse: 110 D. Tulaka Blvd.,




B-31


County Served: Fulton, Izard (Melbourne, Arkansas)


This Court is under Development



B-32


County Served: Stone (Mountain View, Arkansas)




Court Address: 107 W. Main Street, Suite G


Contact: Ruth Bonds

Phone: 870-269-8989

E-mail:


Location: Courtroom Probation Office:

301 Industrial Drive



Location: Courtroom Probation Office:

301 Industrial Drive




B-33


County Served: White (Searcy, Arkansas)



Judge: Hon. Craig Hannah

Court Address: White County Courthouse

Court SquareSearcy, AR 72143

Contact:

Phone: 501-279-6221



Location: White County Courthouse: Court Square

Searcy, AR 72143


Location: White County Courthouse



B-34


County Served: Garland (Hot Springs, Arkansas)



Judge: Hon. John Homer Wright

Court Address: 501 Ouachita Ave., Suite 300

Hot Springs, AR 71901

Contact: Sherry DanielsPhone: (501) 321-1333



Location: Garland County Courthouse – 3rd Floor, Jury Room


Location: Garland County Courthouse – 3rd Floor, Room 300



B-35


Counties Served: Polk, Montgomery (Mena, Arkansas)



Judge: Hon. J. W. Looney

Court Address: 507 Church Street

Mena, AR 71953

Contact: Michelle Boehler – Trial Court AssistantPhone: 479-394-8107


Pre-Court Staffing Session: 1st Monday of the month at 8:00 a.m.

Location: 507 Church Street, Mena AR – Jury Room

Court Session: 1st Monday of the month at 1:00 p.m.

*Reviews are on the 1st & 3rd Wednesday of each month*

Location: 507 Church Street, Mena, AR – Courtroom



B-36


Counties Served: Carroll (Berryville, Arkansas)



Judge: Hon. Kent Crow

Court Address: 44 S. Main

Eureka Springs, AR 72616

Contact: Nadine Holland – Trial Court AssistantPhone: 870-423-7131


Pre-Court Staffing Session: Every other Monday at 2:30 p.m.

Location: Alternate between two courthouses. Call for location.

Court Session: Every other Monday at 3:00 p.m.

Location: Alternate between two courthouses. Call for location.



B-37


Counties Served: Benton (Bentonville, Arkansas)



Judge: Hon. Jay Finch

Court Address: Benton County Circuit Court Div.3

102 East Central Ave.

Bentonville, AR 72712

Contact: Randy Sanders – Drug Court Probation/Parole Officer

Phone: 479-464-0735


Pre-Court Staffing Session: 3rd Wednesday of the month at 1:00 p.m.

Location: Department of Community Correction

703 S. E. “J” Street

Bentonville, AR 72712

Court Session: 3rd Thursday & Friday of the month at 9:00 a.m.

Location: Benton County Circuit Court Division 3



B-38


Counties Served: Faulkner (Conway, Arkansas)



Judge: Hon. Charles Clawson

Court Address: 801 Locust Street

Conway, AR 72034

Contact: Kim Gary – Trial Court AssistantPhone: 501-450-4970


Pre-Court Staffing Session: Bi-weekly on Thursday at 3:00 p.m.

Location: Judge Clawson’s Office

Court Session: Bi-weekly on Friday at 9:00 a.m.

Location: Faulkner County Courthouse, Courtroom C



B-39

21st Judicial Circuit

Counties Served: Crawford (Van Buren, Arkansas)



Judge: Hon. Gary Cottrell – Circuit Judge

Court Address: Crawford County Court

300 Main Street, Room 25

Van Buren, AR 72956

Contact: Hon. Gary Cottrell

Phone: 479-474-6332

E-mail: vjones@crawford_county.org

Pre-Court Staffing Session: Wednesdays at 1:30 p.m.

Location: Crawford County Courthouse, Jury Room

Court Session: Wednesdays at 2:00 p.m.

Location: Crawford County Courthouse, Division 1 Courtroom



B-40


County Served: Saline (Benton, Arkansas)


Type: Post–adjudication

Judge: Hon. Robert Herzfeld

Court Address: 321 N. Main

Benton, AR 72015

Contact: Andrea Pate – Trial Court AssistantPhone: (501) 303-1584



Location: Jury Room, Courtroom 4


Location: Courtroom 4



B-41


County Served: Lonoke (Lonoke, Arkansas)



Judge: Hon. Phillip Whiteaker

Court Address: 301 N. Center Street

Lonoke, AR 72086

Contact: Mary Hayes – Administrative AssistantPhone: (501) 676-3378



Location: Lonoke County Courtroom

Court Session: Fridays at 11:00 a.m.

Location: Lonoke County Courtroom



28

Appendix C



Appendix D

ARKANSAS DRUG COURT ADVISORY COMMITTEE

Chief Justice Jim Hannah Arkansas Supreme CourtAlonza Jiles State Board of CorrectionMr. G. David Guntharp Director, Dept. of Community

CorrectionRon Angel Director, Division of Youth ServicesMr. Joe Hill Director, Alcohol and Drug Abuse

PreventionHon. Robin Carroll Prosecuting AttorneyHon. Kent Krause Deputy Public DefenderMr. J.D. Gingerich Director, Administrative Office of the

CourtsSenator Bill Pritchard Senate memberRepresentative Andrea Lea House MemberMs. Fran Flener Arkansas Drug DirectorJudge Joe Griffin Circuit Court Judge

arkansas drug courts: report to the eighty-seventh arkansas general assembly (2009)

Documents