Ready or not, drug court coming to McHenry County

For nearly a decade McHenry County court and law enforcement officials have talked about establishing a drug court program that would allow nonviolent offenders dealing with substance addiction to go to treatment instead of prison.

Now they may have less than seven months to turn all that talk into action.

State legislators last week passed an amendment to the Drug Court Treatment Act that makes drug courts a requirement, not just an option, for each of the state's 22 judicial circuits.

If signed into law by Gov. Pat Quinn - his staff says he is reviewing the legislation - officials in McHenry County's 22nd Judicial Circuit will have until Jan. 1, 2010, to get their drug court up and running.

Dan Wallis, the circuit's court administrator, said the years of discussion of setting up a drug court have put officials in a good position to meet that deadline.

"We're actually ahead of the game," Wallis said. "We had been visiting (the issue) before we even knew about this legislation."

McHenry is the lone collar county that will feel significant effects of the legislation. Cook, DuPage. Kane, Lake and Will counties all have some form of a drug court, most of them established five or more years ago.

Officials in McHenry County had hoped to join their ranks sooner, but said a major stumbling block has been their need for additional judges. The 22nd Circuit already operates with one circuit judge less than state law dictates and, officials say, they have had trouble imagining how to operate a drug court without more help on the bench.

That could change depending on the fate of more legislation pending before Quinn that would award the county an additional judge.

As for extra state funding to operate the program, State Rep. Patricia Bellock, one of the bill's chief sponsors, said that in today's climate, the county probably will have to make do with what it has.

"Funding is really a problem right now," the Westmont Democrat said. "We aren't looking to put another mandate on (the courts), but we do want to do something good for the people."

State law does allow counties to add a $10 fee to the court costs of anyone convicted or placed on supervision in a criminal or traffic court matter to fund special courts. The 22nd Circuit already uses such a fee to fund its mental health court.

And, Bellock added, studies show that drug courts provide long-term savings to counties because it is cheaper to send a person to treatment than it is to house them in jail.

Nonetheless, State Rep. Jack Franks, one of three state representatives who serve McHenry County, voted against the change, saying it should be up to each county to determine when and whether to have a drug court.

"This isn't the time to be mandating new government programs," the Marengo Democrat said.

McHenry County is plowing ahead as if Quinn's signature on the bill is only a matter of time. The good news, Wallis said, is that much of the work done by drug courts - helping addicts get treatment, monitoring their progress, testing their sobriety - already is being done through the county's probation department.

Over the next two months, he said, officials will begin surveying others in the court system to determine what other services they may need to provide in a drug court. Wallis expects to have a report with recommendations on how to proceed ready for a special task force of law enforcement, courts workers and county administrators by the end of the summer.

"There are things we're going to have to wrestle with now to make this thing work," he said. "But we should have no problem being in compliance."