Such relapses, which are not unusual for recovering addicts, trigger sanctions such as jail time, with or without community service. Judge Apotheker asked one defendant who had enjoyed a spell of jail time. Those who fail can receive more jail time than they would have in regular court for the crimes for which they are charged. At some level, these people are going to have to want to help themselves. Mr. Feinblatt of the State Center for Court Innovation said that there was no shortage of participants for drug courts.
Supporters say that drug courts have had a significant impact on recidivism.
For example, a commission appointed by Chief Judge Kaye reported that only about 15 percent of participants in 20 state drug courts had been rearrested one year after their graduation, compared to the 34 to 35 percent who had been rearrested one year after leaving jail or prison or being placed on probation. None of the Rockland County graduates has been rearrested. Judge Apotheker said that it is important to determine initially that applicants for such courts are, in fact, addicted. Participants also must be Rockland County residents, have no prior convictions for violent crimes or drug sales and not be on probation. District Attorney Michael E. Bongiorno said that his office recently decided to consider county residents with prior felonies for the program.