McHenry Co. drug court to miss deadline

Saying they don't have the time or money to pull it off, McHenry County officials are asking a judge to give them a break on a state-imposed Jan. 1 deadline to have a special drug court program up and running.

County lawyers filed a petition this week asking for up to two more years to establish the program, which would allow nonviolent offenders dealing with substance addiction to go to treatment instead of jail or prison.

The petition says the current economic climate has left the county without the wherewithal to do it.

"This financial hardship has resulted in budgetary cutbacks, which make creation and implementation of drug court unduly burdensome upon the county of McHenry at this time," Thomas Carroll, civil division chief for the McHenry County State's Attorney, states in court documents.

The county has formed a committee to plan and design a drug court program, and officials say it will continue its work even if the delay is granted. But, the petition states, with less than three months before the legislative deadline, there is "insufficient time to be adequately prepared to create a meaningful and successful drug court." The county says it also needs more time to seek grants and other funding sources.

The state legislature earlier this year passed an amendment to the Drug Court Treatment Act that makes the courts a requirement, and not just an option, for all of the state's 22 judicial circuits. McHenry County is the 22nd Circuit.

However, the legislation includes a clause allowing a judge to give a circuit a reprieve of up to two years if it can show it lacks resources and is undergoing financial hardship.

McHenry County is the only collar county affected by the legislation. Cook, DuPage, Kane, Lake and Will counties already have some form of a drug court, most of them established five or more years ago.

However, Carroll writes in the petition, McHenry County does have a successful Intensive Drug Court Probation Supervision program for convicted offenders who have substance abuse problems.

The county's request for a delay is scheduled to be heard Dec. 9 by McHenry County Chief Judge Michael Sullivan.