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BY JESSICA STEPHEN
jstephen@kenoshanews.com

The woman before Kenosha County Circuit Judge Anthony Milisauskas had done something unusual, even for Drug Court.

She turned herself in for using drugs.

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She knew what the infraction could mean. And it turned out she was right.

Just after releasing the young mother from jail, Milisauskas sent her right back for another 90 days inside.

The approach is part of a new 18-month specialized court meant to help non-violent criminals, who are willing to take responsibility for their crimes, break their cycles of addiction.

“People think you’re soft on crime because we do this,” Milisauskas said. “But, to tell you the truth, the people in Drug Court are under my supervision because we track them daily.”

Defendants also report directly to Milisauskas each week. That’s far more frequently than other defendants, who typically face the judge only during pre-trial hearings staggered across months.

And when it comes time for sentencing, Drug Court defendants won’t be getting a break there either.

“Sentencing can sometimes be longer because it’s an 18-month program. You could skate through probation in less time. That’s why it’s got to be voluntary,” Milisauskas said. “We don’t want people thinking they’re getting a deal here. We want it to be difficult, so they can succeed.”

With such close scrutiny, there is no wiggle room for lying or manipulation, Milisauskas said. There’s also a pretty solid safety net if you fall, because relapse is an almost-inherent part of recovery.

In the case of the young mother, both elements seem to be working. The heavy eyes upon her and her fears about disappointing those wanting to help her led her to report her own drug lapse, one court official said.

One of 20 in state

Milisauskas volunteered to start the Drug Court program in Kenosha County Circuit Court.

“There’s already 20 counties (in Wisconsin) that have drug courts, 2,000 in the whole country,” Milisauskas said.

With established drug courts in nearby Racine and Waukesha counties, and another across the stateline in Lake County, Ill., Milisauskas felt it was not only about time, but also that he had a solid template for local authorities to follow.

The Kenosha court, which officially began in August but only started working with defendants this fall, has no funding.

Many drug courts are grant-funded; Racine County has a grant for about $300,000. Kenosha County has applied for a grant.

Budgets, if they are granted, often start small, just $10,000 or $20,000 for bus passes, 12-step coursebooks and other supplies. The Kenosha project might not even ask for that much for another year.

Milisauskas, who usually hears family and juvenile cases, has arranged his court calendar so Wednesdays after 3:30 p.m are dedicated to the programs’ participants.

Three defendants have started the program, with five more being discussed.

Milisauskas doesn’t expect more than 12 or 15 defendants at a time once the program is established, which isn’t unusual given the intensive nature of these programs.

Panel picks participants

Once a defendant expresses interest in Drug Court, entry into the program starts with a committee review.

The state Department of Corrections, district attorney’s office, public defender’s office and local law enforcement review a defendant’s case.

No violent crimes are allowed, so no armed robbers or offenses with weapons of any kind. Drug dealers also are banned.

Participants must have a desire to get clean. Personal background and addiction, which has ranged from heroin to cocaine to prescription medications, also are reviewed.

“We’ve got people from good families, bad families, support, no support, male, female, educated, no education. Addiction doesn’t really look at factors like that. It crosses every line. It kind of scares you sometimes,” Milisauskas said.

Tough start

Once they’ve been accepted, defendants usually start their program experience in jail.

“I like to send a message early,” Milisauskas said.

But jail gives defendants time to complete the Living Free program, a behavior-focused treatment and educational program also meant to reduce recidivism.

Once people are released, team members keep daily tabs on everything from therapy appointments to job searches to recovery. Defendants also wear electronic monitors, another difference between Drug Court and the traditional criminal experience.

Then, of course, there is the threat of jail.

“They know if they screw up or they’re not clean, they go back to jail,” Milisauskas. “I’ve had a couple people I’ve put right back. I’m serious about this. I don’t want people to commit crimes because of their addictions.”

All sides work together

Reaction from within the team has been positive, even though working together has taken some adjustment.

In the past, prosecutors and correctional officers might have been considered opponents to defense attorneys. That’s not the case in Drug Court, said Chuck Bennett, manager of the Kenosha County Public Defender’s Office.

Unlike past practices, in which a prosecutor might have been the person pressing for more jail time for an errant defendant, Bennett said in Drug Court he has been the one to push for more jail time, when appropriate.

“It’s been interesting,” he said.

Meanwhile, prosecutors like Richard Ginkowski have embraced the holistic Drug Court approach, without fear that doing so means going soft on crime.

“I’m not terribly criminal-friendly,” Ginkowski said. But, he said, “It’s not a hug-a-thug court. It’s like probation on steroids. They will get very intensive monitoring.”

And, he said, “The programs do seem to have a success rate, so it’s worth trying.”