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Drug Court program graduates five to date

By John Nelson
Published Wednesday, August 3, 2005 in the Gurdon Times

In the spirit of making a positive difference in the lives of those who have dappled in the use of illegal drugs but want to shed the public label of "substance abuser," Clark County officials launched a drug court program in April of 2004.

A local probation officer says the effort to help is effective "and has already produced five graduates who have beaten their addictions and resumed productive lives."

Joe Kuhn, 45, and a 1978 Gurdon High School graduate, is the probation and parole officer for the 9th East Judicial District Drug Court, which handles Clark County drug cases.

"We've had 25 enter the program and five successfully complete it so far," he said. "It takes a minimum of one year to finish."

Kuhn said to get into the drug court program you must have a felony charge involving drugs directly or the alleged felony must be drug related.

"If you have a felony burglary charge and it was to gain money to buy drugs, that counts," he said. "However, those being considered cannot have any convictions involving violence or sexual offenses."

Moreover, Kuhn said the drug court candidates cannot have current charges pending involving sexual offenses or violence.

The program is open to both men and women. Kuhn said he and his team are currently working with 10 men and 10 women.

The youngest person involved is 18, while the oldest is 56.

"We have already had two Gurdon graduates. A third Gurdon person is going through classes," Kuhn said.

Of the five drug court success stories, the other three are from Arkadelphia or more remote areas in Clark County.

Kuhn said the reward for successfully completing drug court is to have all charges dismissed. "It is just like they were found not guilty," he said.

The drug court program takes four phases of 12 weeks each to complete.

In the first phase, the participant meets with the probation officer and a drug counselor three times a week, for an hour each time.

Then in the second phase, the frequency of the meetings generally go down to twice a week. In the third phase it goes to once a week.

Kuhn said there are random call-ins for urine tests, as well as drug tests ran every time a participant comes in for counseling.

In the fourth phase, sometimes there are drug tests, sometimes not.

"When coming off drugs, we do provide support as something to substitute," he said. "And we give gift certificates to the ones doing well. If someone fails a drug test, we give them a series of chances."

For those staying clean of drugs, Hair It Is of Gurdon will give a free haircut, and the Pizza Barn, a gift certificate.

The first time a participant tests positive for drugs, he or she must spend two weekends in the Clark County Jail.

For the second positive drug test, the person spends 10 days in jail. For the third, it is 15 days in the county jail or in the in-patient substance abuse program.

When they get to the fourth sanction, the judge enters a judgment, sentences them to five years probation and 11 months in a Community Correctional Center.

Kuhn said the participant starts drug court over, just as soon as he or she is released from the Community Correctional Center.

The correctional centers are drug abuse help facilities, not county jails. There is one for women in Pine Bluff.

The men go to Texarkana, or they could go to one in Oceola.

"Our males have been going to Texarkana," Kuhn said. "If they get four sanctions again, they go to the Department of Corrections."

If they get four sanctions and go to a Community Correctional Center, their case can not be dismissed but it can still be expunged.

In addition to failing a urine test, sanctions can be given for possessing drugs, being late with an unexcused tardy to a meeting, or not participating in the counseling session.

"The idea is to move up the ladder, not down it," Kuhn said.

The program participants meet at 501 Clay Street at the drug court office, next to the courthouse in Arkadelphia. The annex building also holds the 9-1-1 coordinator and the Red Cross office.

Kuhn does not work alone. His administrative assistant is Carla Nutt of Curtis. She is also a counselor in the program and holds some of the group meetings.

Kuhn said Nutt is hoping be the court's drug counselor in the near future.

Myeisha Haywood is also one of the drug court counselors at Arkadelphia.

"I like drug court because it works. I believe I make a real difference using this method," Kuhn said. "There is time to supervise those with a drug problem like they should be. Regular parole and probation have case loads that are too big.

"As for the drug court participants, I try to do at least a monthly home visit on each one."

If a candidate did not graduate high school, or get a GED, he or she is required to attend GED classes.

Those in the drug court program are also required to attend Alcoholics Anonymous or Narcotics Anonymous meetings.

"We do take alcoholics, but they have to have a felony charge," Kuhn said. "Some have alcoholism, drug abuse or both."

Kuhn said he has been a probation and parole officer for 16 years, and this is the best program he has seen.

"I feel we have had complete success with this program," Kuhn added.

He said it all started when Clark County Circuit Judge John Thomas and Prosecuting Attorney Henry Morgan came up with a plan.

Kuhn said, "The judge goes through the docket looking for candidates, finds one, talks to his or her defense attorney and if cooperation can be accomplished, the candidate's criminal activity is assessed; looking for the disqualifying elements of violent or sexual convictions on the record.

"Then a counselor will access them to determine if they have a substance abuse problem."

The findings are referred back to the prosecuting attorney to determine eligibility to the program. If eligible, the prosecutor makes the drug court offer.

"We have not had one to be deemed unsuccessful yet," Kuhn said. "The reason we came up with 11 months for those having trouble, it is said to take that long to get clean sometimes."

Kuhn said it is interesting to note that many of the participants have no idea why they started to abuse drugs. In many cases, their parents used and they were not taught it was wrong. Plus, peer pressure plays a part.

Kuhn said the formation of drug court took more than a judge and prosecutor coming up with a plan. Some influential people were behind the idea.

Those backing the rehabilitation effort were: Clark County Sheriff Troy Tucker; Arkadelphia Police Chief Al Harris; and two public defenders, Allen Laver and Blake Batson.


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