54A District Court celebrates 11th Sobriety Graduation

By Roberta M. Gubbins Legal News "I am excited to have seven graduates here today for our 11th Sobriety Court graduation," said Hon. Louise Alderson opening the ceremony held on October 11th at The Lansing City Hall in downtown Lansing. 54A's Sobriety Court program, Judge Alderson said, "began in 2006 and uses a team approach and a system of incentives and sanctions as a way to encourage and motivate folks to choose a healthy, sober, lifestyle. The program includes frequent testing, drug and alcohol group and individual counseling, journaling, community service and other requirements that these graduates take to reach sobriety." Judge Alderson then turned the ceremony over to Heather Duhoski, the Sobriety Court Probation Officer, who called each of the graduates to the podium to accept their graduation certificate. The changes in the graduates from the time they first entered the program were pronounced. All commented on how their lives had improved as each phase of the program was accomplished. Following the recognition of each graduate, Judge Alderson closed the ceremony giving each graduate a pin representing the Healthy Lifestyles Puzzle that symbolizes the 54A Sobriety Court program. Indicating the piece representing the Sobriety Court Team, she commented, "For some of you who are at the end of the two year probation, this piece will drop away and you will have to replace this piece and move forward on your own. The pin is a reminder that there are always others around you to assist." The graduates' journey to success begins with an arrest for Operating While Intoxicated (OWI) 3rd offense, a felony. Since arraignment on a felony must occur within 72 hours, "the Sobriety Court Probation Officer, Heather Duhoski, is notified and pre-screens the case for eligibility as soon as the case is entered in the court's case management system," said Robin Osterhaven, Sobriety Court Coordinator. The Ingham County assigned assistant prosecutor for Sobriety Court is notified and determines eligibility for the Program. If the person is eligible, the Prosecutor will make the offer at the time set for a preliminary exam. Once the defendant agrees to participate in Sobriety Court, "Judge Louise Alderson accepts their plea to OWI 3rd, sentencing is delayed for one year under MCL (Michigan Compiled Laws) 771.1 and they are admitted to 54A Sobriety Court, a 24 month program." An admission date to enter Sobriety Court date is set usually within 2-3 weeks. During this time a presentence report and an alcohol assessment is conducted and prepared for the judge. Upon graduation, the charge is reduced to OWI 2nd, a misdemeanor. Most will continue monitoring for another year. "Thus," Osterhaven said, "if they succeed they avoid a felony on their record and the reduced OWI 2nd misdemeanor" is recorded." However, she added, if they fail and are terminated from the program in the first year (prior to sentence), Judge Alderson will sentence them on the felony plea to which they pled and place the felony conviction on their record. Those who are terminated during the second year following graduation are sentenced on the reduced misdemeanor charge and can face one year in jail. 54A's Sobriety Court program utilizes court and community resources to support individuals in developing and maintaining a substance free, sober lifestyle. "We receive Federal funding," said Judge Alderson. "We received $40,000 this year that helps us hire a probation officer committed to this program. Other moneys come from grants and donations." The courts have established the Sobriety Court Foundation, a 501(C)(3) fund raising arm to support Sobriety Courts in Ingham County. Hon. Donald Allen, Jr, oversees the sobriety court program in 55th District Court in Mason and Hon. Janelle Lawless manages the treatment program in family court in which substance abuse is a significant factor. The goal is reunification of parents and children. The 54A program is available to non-violent offenders who have been convicted of repeat misdemeanor drinking and driving offenses. The participants must live in the greater Lansing area. The program does not discriminate based on race, gender, sex or national origin, as long as they meet the original eligibility requirements. Non-eligibility criteria will include a history of violent offenses, drug delivery and sale and a significant mental health diagnosis. Published: Mon, Oct 22, 2012

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