Drug court programs are giving low-level drug offenders a better shot at a second chance

A crushing sense of loss and heartache permeates the hallways of the Leighton Criminal Courthouse, where those convicted are sent to prison, and victims and their families search for closure over a scarring experience or a loved one’s death.

Hope comes in small doses at 2650 S. California Ave.

But when Cook County Judge Charles Burns presides over the graduation ceremonies of men and women who have successfully completed a nationally-recognized drug court program, there is usually cake and, even more important, wide smiles and a nod to second chances.

More than half of the participants enrolled in the Rehabilitative Alternative Probation program, or (W)RAP, don’t make it. That statistic shows the challenges tied to addiction and the difficulty of recovery.

But those who are able to overcome their struggles and successfully complete the requirements of (W)RAP are given a helping hand to find housing and jobs — and that’s money well spent since research has shown drug courts reduce crime.

If society’s goal is to prevent crime rather than plant the seeds to perpetuate it, aren’t our tax dollars better spent on treatment and support, instead of incarceration, for low-level drug offenders?

13 years of graduations

A recent (W)RAP graduation resembled the nearly two dozen functions Burns has hosted over the last 13 years. The veteran judge passed out encouraging words along with his cellphone number to the graduates.

But this time, the judge shook things up by showing up without his black robe. More importantly, for the first time, Burns was able to get the ball rolling in expunging the records of the latest alumni, the Sun-Times’ Frank Main reported last week.

In previous years, the graduates, who are given probation in exchange for a guilty plea to a felony drug charge, had to apply for expungement. Then, they had to stand by for at least a year for their convictions to be cleared. But the newest graduates only have to wait 60 days because of the efforts of Burns and Cabrini Green Legal Aid.

Joe Burnett, one of the recent graduates, said it was “miracle” his record was being expunged quickly.

“I hope to be an inspiration to others who may be struggling,” said Burnett, who is training to become a CTA bus driver.

We have applauded Burns before for his efforts to lift up low-level drug offenders. He deserves another shout-out for continually pushing to find ways to improve a cost-effective diversion program that studies have shown will reduce crime and incarceration and also curb overdose deaths — an important point to remember here in Cook County, where overdose deaths have soared in recent years.

The drug court movement has grown nationally; more than 2,500 are now in operation. An analysis by the Office of National Drug Control Policy found that such programs reduced crime by 8 to 35 percentage points.

There’s evidence for success here in Cook County: From 2014 through January 2022, only 3.8% of (W)RAP graduates were charged with new felonies within a year after graduation. That percentage rose to 9.6% within three years and 10.4% after five years, but the fast track to expungement could help bring those numbers down.

Most of those who had their records expunged in Michigan avoided a felony conviction after five years, a 2020 University of Michigan Law School study found. Only 7.1% of all expungement recipients were rearrested within five years; of those, only 2.6% were rearrested for violent offenses. Re-conviction rates were even lower: 4.2% for any crime, and only 0.6% for a violent crime.

Let’s grab onto this silver lining in our troubled criminal justice system.

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