Marijuana Policy Project

Kevin Gilow was last convicted in 2000 of driving under the influence, a charge that qualifies offenders for treatment through drug courts in some jurisdictions.

But not in Winona County, where in 2004, Gilow committed suicide at age 35 after a long struggle with drug and alcohol addiction.

Kevin's mother, former county commissioner Judy Gilow, believes if Winona County had a drug court, her son might have received the treatment he needed to save his life.

"The problem escalated, and we lost him," Gilow said. "I often question it: Would some supportive stuff like this have helped?"

Advocates say drug courts do a better job of rehabilitating addicts than traditional courts. As a result, drug courts also save money by helping addicts turn their lives around.

At least three current county board members — Dwayne Voegeli, Jim Pomeroy and Marcia Ward — say they'd support a drug court in principle. Winona Police Chief Frank Pomeroy, who estimates 80 percent of his arrests are tied to drugs or alcohol, calls the concept "promising."

But some local judges and prosecutors aren't sure a drug court is right in Winona County, especially since Minnesota drug courts face budget cuts this year. They also say Winona County courts already pursue many of the objectives of drug courts when sentencing nonviolent drug offenders.

"A lot of what some tout as drug-court benefits are already in place in Winona County without the extra cost," said County Attorney Chuck MacLean.

For example, MacLean says his office already agrees to treatment and drug testing as a condition for reduced or probationary sentencing for many nonviolent drug-possession offenders.

"The ones that we send to prison... those are drug dealers," MacLean said. "Those are not users that are burdened with an addiction."

Still, a drug court offers addicts more attention — and requires greater accountability — than a traditional court, Pomeroy said. Typically, a drug court judge meets with the same offenders at least every week to check their progress, he said.

"Within the traditional system you've got so many different agencies," Pomeroy said. "People can slip through."

Advocates say drug courts have considerably reduced recidivism rates for nonviolent drug criminals. As a result, some studies suggest they relieve burdens on overcrowded prisons and overtaxed social-service agencies, such as foster care.

Pomeroy said a group in Minnesota's Third Judicial District examined the drug-court concept several years ago and found there weren’t enough judges to make it work.

But perhaps the best argument against a Winona County drug court is funding. Recent state budget cuts have reduced the proposal to wishful thinking, at least for the next few years, Voegeli said.

As Minnesota district courts face budget cuts this year, they're responding by trimming services deemed "experimental" or marginal, said Winona County District Court Judge Jeff Thompson. Under such constraints, Thompson suggested drug courts could become "a thing of the past."

Legislators also cut roughly $3.7 million from Minnesota public defenders' budgets in 2008. Drug courts likely will feel the brunt of those cuts through reduced public-defender representation, Thompson said.

Further, funds that paid to start up other Minnesota drug courts have since dried up amid the ongoing state budget crunch, Voegeli said. Even staunch supporters like Gilow acknowledge establishing a drug court in Winona County would be virtually impossible without state funds.

Gilow, Pomeroy and MacLean belong to Winona County's Criminal Justice Coordinating Council, which includes representatives of political, law-enforcement, judicial, social-service and citizens’ interests.

MacLean said the group may study drug courts as one of many options for the county, though he said discussion is premature before a local study proves drug courts can be effective.

Gilow says that discussion shouldn't wait.

"How long do you wait to implement some of these programs?" she said. "Holding people in jail is not working."

Contact Mark Sommerhauser at (507) 453-3514 or msommerhauser@winonadailynews.com.

What's a drug court?

In Minnesota, 26 counties allow certain nonviolent offenders with addictions to drugs — and sometimes alcohol — to opt for drug courts in lieu of traditional courts.

The arrangement typically works like this: Offenders agree to attend treatment, pass frequent drug tests and check in frequently with drug court judges. If offenders meet those conditions, they can complete the program with no criminal conviction or jail time. If they fail to meet the conditions, a judge can order them to stand trial in a traditional courtroom.